[House Report 116-565]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {        Report
                       HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       116-565

======================================================================



 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
                                _______
                                

October 30, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Schiff, from the Permanent Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 7856]

    The Permanent Select Committee on Intelligence, to whom was 
referred the bill (H.R. 7856) to authorize appropriations for 
fiscal year 2021 for intelligence and intelligence-related 
activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of H.R. 7856, the Intelligence Authorization 
Act for Fiscal Year (FY) 2021 (the Act), is to authorize 
funding for the activities of the 17 elements comprising the 
U.S. Intelligence Community (the IC).

    Compliance With Classified Schedule of Authorizations and With 
            Unclassified and Classified Committee Direction

    Because most of the intelligence budget involves classified 
programs, the bulk of the Committee's explanatory and directive 
language for each fiscal year is found in the classified annex 
accompanying the bill. The classified annex also includes the 
classified schedule of authorizations as well as explanatory 
and directive language.
    The classified schedule of authorizations is incorporated 
directly into the legislation by Section 102 of the bill. The 
Executive Branch shall strictly comply with all Committee 
direction and other guidance set forth in this report and in 
the classified annex.
    The classified annex and classified schedule of 
authorizations shall be made available for review by all 
Members of the House of Representatives, on conditions set by 
the Committee at the time of its approval of H.R. 7856.

                       Scope of Committee Review

    The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee, 
including the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP), the Homeland Security 
Intelligence Program (HSIP), and the Information Systems 
Security Program (ISSP). The NIP consists of all activities of 
the Office of the Director of National Intelligence (ODNI), as 
well as intelligence, counterintelligence and related 
activities conducted by: the Central Intelligence Agency; the 
Department of Defense, including the Defense Intelligence 
Agency, the National Security Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, and 
certain activities of the Departments of the Army, Navy, Air 
Force, and Marine Corps; the Department of Energy; the 
Department of Justice, including the Federal Bureau of 
Investigation and the Drug Enforcement Administration; the 
Department of Homeland Security, including the U.S. Coast Guard 
and intelligence elements of DHS; Department of State; and the 
Department of the Treasury. The Committee has exclusive or 
concurrent jurisdiction of these activities--and exclusive 
jurisdiction to study the sources and methods of the IC.

                            Committee Views

    H.R. 7856 ensures the IC has the resources needed to 
compete against the Nation's strategic adversaries--like a 
rising China and a revanchist Russia. It invests in next-
generation technologies, like artificial intelligence and high-
performance computing, and promotes educational partnerships 
with academic institutions to increase STEM talent and 
diversity throughout the national security community.
    The Committee also has sought to focus IC and public 
attention on non-traditional threats, like climate change and 
global pandemics. In that regard the bill makes permanent the 
Office of the Director of National Intelligence's Climate 
Security Advisory Council, which assists elements of the IC 
that analyze the security impacts of climate change. H.R. 7856 
also mandates an annual Worldwide Threat Briefing to Congress; 
requires a National Intelligence Estimate on the threat of 
global pandemics; makes permanent an annual requirement for the 
IC to report on emerging infectious diseases; and directs a 
study on creating an advisory council on global health threats. 
National security threats are increasingly diffuse, and we must 
take address what we are seeing every single day--from the 
devastating wildfires affecting the West, to hurricanes 
battering the Gulf coast, to the COVID-19 pandemic that has 
killed over 200,000 Americans.
    H.R. 7856 also prioritizes the protection of civil 
liberties and human rights, at home and abroad. To that end, 
the bill imposes limitations and transparency requirements on 
intelligence support to domestic law enforcement responding to 
protests or civil disturbances. It requires a report on the 
People's Republic of China's intervention in Hong Kong. The 
legislation also reaffirms an unmet statutory requirement for 
the IC to produce an unclassified report on the murder of U.S. 
resident and journalist, Jamal Khashoggi; and discontinues 
intelligence support to the Saudi-led coalition's campaign in 
Yemen.
    We conclude with some observations about our Minority 
colleagues' opposition to the bill. We believe the Committee's 
Minority members voted ``no'' because a handful of the IAA's 
provisions are intended to address abuses related to the 
Intelligence Community and election security, which were 
committed by or involved President Trump or his allies. Our 
counterparts in the Minority do not seriously dispute that such 
incidents took place. Yet legislating to prevent them from 
recurring, in their view and that of the Trump Administration, 
is a ``partisan'' act requiring firm opposition.
    The provisions in question advance good-government 
principles about which, until now, Republicans and Democrats 
had agreed for years. Had we proposed such provisions during 
any other presidency, they almost certainly would have been 
endorsed without reservation by all the Committee's members, 
for inclusion in the IAA. We hope the Minority has a change of 
heart and decides to support H.R. 7856 during its consideration 
on the floor of the House.

                    Committee Views Regarding China

    China has used the past two decades to transform itself 
into a nation potentially capable of supplanting the United 
States as the leading power in the world. Its ascendance has 
been spectacular in scale and far less benign than initially 
expected. That has required special efforts by the U.S. 
Government and the U.S. Intelligence Community. Accordingly, 
the Committee in 2019 commenced a ``deep dive'', intended to 
examine the IC's China activities comprehensively. The 
Committee intends to issue a report containing its findings and 
recommendations before the end of the 116th Congress; in the 
meantime, H.R. 7856 contains provisions developed during the 
Committee's study.
    These proposals in part respond to the speed and nature of 
China's rise--which caught the West off guard. During the 1990s 
and 2000s the consensus in the West was that, as China became 
more prosperous and developed, it would also eventually 
liberalize at home and play a constructive role in its 
relations abroad. Observers convinced themselves that, among 
other things, leadership in Beijing had learned the ``right'' 
lessons from the reaction to the Tiananmen Square crackdown in 
1989--and therefore would chart a reformist course. Confidence 
in that view was central to the decisions to admit China to the 
World Trade Organization and to award the 2008 Summer Olympics 
to Beijing.
    The last decade has shown those expectations to have been 
deeply misplaced. Belief in the inevitability of democratic 
liberalism blinded Western policymakers to the Chinese 
Communist Party's overriding objective: seizing more and more 
power. In the interim, the People's Republic of China has 
increasingly sought to revise the international order in a way 
that furthers its own strategic interests and undermines those 
of the United States and other nations. Beijing has sought to 
expand its economic and political influence through its ``One 
Belt, One Road'' Initiative and the large-scale cooption of 
media outlets throughout the world. Militarily, China has 
embarked on a massive modernization drive--creating a ``blue 
water'' navy, investing heavily in hypersonic weapons, 
developing its own fifth-generation fighter, militarizing a 
series of atolls and islets in the South China Sea to 
strengthen its claims in the region, and building its first 
overseas military base in Djibouti.
    Perhaps most consequential of all, China has invested--and 
continues to invest--great resources, technology, and political 
will into the creation of a post-modern authoritarian state. 
The country's people are monitored around the clock through 
their phones and an ever-growing network of surveillance 
cameras equipped with facial-recognition technology. Initially 
fueled by stolen U.S. technology and intellectual property, 
these advances are now increasingly driven by Chinese 
innovation. Beijing's expanding technological prowess will 
enable the Chinese Communist Party to improve its ability to 
watch, and therefore control, China's population. This 
``digital authoritarianism'' has not only been deployed at home 
but has also been increasingly marketed to aspiring 
authoritarians abroad.
    Its authoritarianism is hardly the only threat emanating 
from China. The emergence in 2019 of a novel coronavirus in 
Wuhan also demonstrated the profound dangers posed by a 
transnational health crisis originating within China's borders. 
By seeking to preserve its domestic political stability and 
international image--in lieu of fostering a transparent and 
effective approach to public health--China has placed the 
United States, our allies, and the world at risk. China's 
public response has been to obfuscate the Chinese Communist 
Party's role in the crisis, through the calculated promotion of 
fringe conspiracy theories and misinformation. The latter seek 
to shift blame to the United States, muddy the truth about the 
virus's origins, and promote the image of China as a 
responsible global leader. To date, the coronavirus has 
infected at least 31 million people and resulted in over 
962,000 deaths worldwide, of which the United States has over 
203,000.
    The confluence of the widespread, if not yet fully 
understood, global impact of COVID-19, the prolonged, excessive 
allocation of American intelligence resources to 
counterterrorism, China's emergence as a global competitor, and 
other transnational events make this an urgent moment to assess 
the Nation's intelligence posture towards China; and to provide 
strategic guidance to the IC as it repositions itself to better 
understand China's domestic environment, capabilities, plans, 
and intentions.
    To that end, the Committee undertook its ``deep dive'' 
which sought to comprehensively review the IC's posture vis-a-
vis China. The Committee sought to assess the IC's ability to 
execute, with respect to China, its core mission of 
``collecting, analyzing, and delivering foreign intelligence 
and counterintelligence'' to America's leaders so they can make 
sound decisions. In support of this charge, staff reviewed 
thousands of analytic assessments, spent hundreds of hours with 
IC officers, and visited facilities operated by over a dozen IC 
elements. The goals of the Committee's review were to: (1) 
assess the IC's performance within the six phases of the so-
called ``intelligence cycle''; (2) provide recommendations to 
increase the quality of raw intelligence reports and finished 
analytic products; and (3) assess the adequacy of current IC 
resource levels.
    The Committee's central finding is that the IC has not 
sufficiently adapted to a changing geopolitical and 
technological environment increasingly shaped by a rising China 
and the growing importance of interlocking non-military 
transnational threats, such as global health, economic 
security, and climate change. Absent a significant realignment 
of resources, the U.S. government and intelligence community 
will fail to achieve the outcomes required to enable continued 
U.S. competition with China on the global stage for decades to 
come, and to protect the U.S. health and security. This year's 
bill seeks to address some of those resource challenges.

        Committee Views Regarding the Middle East and South Asia

    Even as the United States prioritizes meeting the unique 
challenges posed by China and Russia, it continues to confront 
a range of national security challenges in the Middle East and 
South Asia. The IC will continue to play an important role in 
addressing them.
    At the same time, efforts by two successive Administrations 
to end the conflicts in Iraq and Afghanistan have led the 
United States to seek deeper partnerships with various regional 
actors, especially the Kingdom of Saudi Arabia (KSA) and the 
United Arab Emirates (UAE). Notwithstanding greater U.S. 
engagement and offers of cooperation, both countries since 2017 
have pursued policies that are at odds with U.S. regional 
objectives--which complicate efforts at greater intelligence 
and security cooperation. In fact, Riyadh and Abu Dhabi went so 
far as to participate in a blockade of Qatar, an important U.S. 
partner which hosts crucial U.S. military facilities and is 
supporting U.S. efforts to achieve a political settlement of 
the war in Afghanistan.
    To this end, the bill includes several provisions drafted 
to address some of the diplomatic, military, and economic 
issues at the heart of the U.S.-KSA and U.S.-UAE relationships.
    It directly addresses, for example, the disastrous Saudi-
led military campaign in Yemen. Now in its fifth year, the war 
in Yemen has created new safe havens for international 
terrorists, provided new opportunities for Iranian meddling in 
the Gulf, and contributed to the creation of the worst man-made 
humanitarian catastrophe in the world. The Committee is 
concerned that the Administration's decision to bypass Congress 
in May 2019 and sell additional arms to both Saudi Arabia and 
the UAE will only exacerbate this crisis and undercut U.S. 
security interests. Moreover, the Committee is disturbed by the 
findings of the State Department Office of the Inspector 
General, issued in August 2020, that the Administration 
authorized weapons sales to Saudi Arabia and the UAE without 
conducting a required assessment of the potential for these 
sales to contribute to civilian harm. This failure compounds 
the Committee's longstanding concern that the Administration is 
ignoring and withholding from Congress credible evidence that 
the Saudi-led Coalition has engaged in repeated violations of 
the law of armed conflict, including by bombing civilians and 
civilian objects in Yemen.
    Accordingly, the bill as approved by the Committee insists 
that the Intelligence Community share this information with the 
American people and Congress, so as to fully inform future 
decision-making on arms sales and ongoing Congressional 
investigations of whether executive branch officials violated 
any relevant laws and procedures when authorizing such sales to 
Saudi Arabia and the UAE. In addition, the bill requires that 
the United States cease intelligence sharing with Saudi Arabia 
for the purpose of supporting the Saudi-led coalition's 
campaign against the Houthis in Yemen.
    The past year also saw a resumption of Saudi-linked 
terrorist attacks on American citizens, when in December 2019 a 
Saudi military officer with significant ties to al-Qaeda killed 
three American servicemembers and wounded eight other 
individuals. This was the first successful foreign terrorist 
attack on U.S. soil since Saudi and Emirati citizens 
perpetrated the September 11, 2001 terrorist attacks. Saudi and 
Saudi-inspired individuals have been responsible for the 
overwhelming number of foreign terrorist attacks against 
Americans over the past two decades.
    With that in mind, the Committee is concerned by reports 
that the Saudi government is not cooperating fully with the 
U.S. investigation into the Pensacola attack and supports the 
Department of Justice's ongoing effort to fully investigate and 
ensure accountability for the attack. The Committee also 
questions the Department of Defense's June 2020 decision to 
resume its training of Saudi military students in the United 
States following only a brief review of the shortcomings in 
U.S. vetting procedures, and in light of indications that Saudi 
Arabia has not taken significant additional steps in 
cooperation with the United States to enhance inadequate 
vetting procedures. Furthermore, the Committee is concerned 
that the Kingdom has not taken sufficient steps to curb the 
propagation of extremist ideologies that inspire terrorist 
attacks against U.S. citizens and has directed the Intelligence 
Community to provide a report on this matter. Relatedly, the 
Committee is troubled by the Administration's continued 
reluctance to make available to Congress and families of the 
September 11 victims additional details regarding the role of 
Saudi nationals in those attacks. The Committee urges the 
Department of Justice to fully cooperate with Congressional 
requests and reach an accommodation for providing this long-
requested information in a timely manner.
    While the Administration has focused on undermining the 
Joint Comprehensive Plan of Action (JCPOA) with Iran, which had 
effectively constrained Iran's nuclear weapons ambitions, 
public reporting indicates that Saudi Arabia is developing a 
nuclear fuel cycle that some experts assess has no obvious 
purpose other than to support a clandestine nuclear weapons 
program. Saudi officials have previously said they want to 
enrich uranium domestically. Despite being a member of the 
Nuclear Nonproliferation Treaty (NPT), the Kingdom has refused 
to conclude an Additional Protocol and Saudi Arabia's crown 
prince has publicly stated a willingness to acquire nuclear 
weapons ``as soon as possible'' if Iran were to develop a 
nuclear weapon. Any clandestine Saudi push for a nuclear weapon 
would have grave implications U.S. interests, to include the 
security of U.S. partners, such as Israel, and the broader 
region.
    In that vein, the Committee-passed bill directs the 
Intelligence Community to provide a detailed report assessing 
Saudi Arabia's undeclared nuclear activities, as well as a 
clear-eyed assessment of the Kingdom's willingness to forswear 
a domestic enrichment capability and abide by the same ``gold 
standard'' that the United States wisely required of the UAE. 
Given the urgency of the issue, the Committee would urge the 
Intelligence Community to dedicate additional resources to 
scrutinizing Saudi Arabia's nuclear activities. The Committee 
also reaffirms Congress' longstanding view that the United 
States shall not conclude any civil nuclear cooperation 
agreements with Saudi Arabia that do not include robust 
safeguards and nonproliferation provisions, to include a strict 
prohibition against uranium enrichment.
    In the economic sphere, Saudi Arabia's leadership undercut 
U.S. national security in March 2020 by pursuing an ill-
conceived oil price war with Russia. The Committee is troubled 
by public reporting indicating that the United States lacked 
advanced warning of Saudi Arabia's actions, which collapsed 
global energy markets and contributed to a loss of tens of 
thousands of American jobs. The Committee hopes that in light 
of such tumult, the Intelligence Community would dedicate 
additional resources to scrutinizing Saudi Arabia's energy 
policy decisions.
    Separately, the Committee is concerned that the UAE has 
moved aggressively to expand economic and technological 
cooperation with both Russia and China, including in the 
defense sphere. This appears to have contributed to a decision 
by the Trump Administration to send a team to UAE in August 
2020 to discuss the UAE relationship with China. 
Notwithstanding the potential for the UAE to share sensitive 
U.S. defense technology and systems with America's adversaries, 
the Administration has reportedly indicated a willingness to 
transfer to the UAE the most advanced armed and unarmed U.S. 
defense systems. Because of the proliferation risks and 
unresolved concerns about technology transfer, the Committee 
objects to these transfers, some of which violate and undermine 
the Missile Technology Control Regime. The Committee-passed 
bill also directs the Intelligence Community to provide a 
report on UAE's defense activities with China, Russia, and 
other peer competitors--especially with regard to unmanned 
aerial vehicle systems (UAVs)--and believes the Intelligence 
Community's assessment of the technology transfer concerns must 
be a factor in future decisions to transfer or not transfer 
these systems to the UAE.
    U.S. efforts to strengthen security and intelligence 
cooperation with Saudi Arabia and UAE also are undermined by 
both countries' human rights abuses and efforts in recent years 
to undermine inclusive, democratic governments in the region. 
Of great concern, Saudi Arabia has failed to hold accountable 
the Saudi officials responsible for the brutal murder of U.S. 
resident and journalist Jamal Khashoggi. Equally troubling, the 
Office of the Director of National Intelligence has not 
provided Congress an unclassified report detailing Saudi 
officials' culpability for the killing, as explicitly required 
by the law. The Office of the Director of National Intelligence 
has withheld this report despite a growing abundance of 
publicly available information, and even as it has justified 
the declassification of other documents requested by the 
President's supporters in Congress that appear to reveal 
sensitive U.S. intelligence sources. This apparent effort to 
abuse the classification process for political purposes and 
blatant contravention of a law supported by nearly every Member 
of Congress is unacceptable. The Committee has therefore been 
left with no choice but to direct, in the bill, the suspension 
of certain activities with Saudi Arabia if and until the Office 
of the Director of National Intelligence complies with the law 
and provides the unclassified report, as specified under the 
law.
    Finally, public reporting in recent years, meanwhile, has 
detailed the role of UAE personnel in allegedly torturing 
detainees captured in Yemen, as well as efforts by entities 
affiliated with the Emirati government to utilize former U.S. 
intelligence personnel and technologies to surveil political 
activists. These UAE activities are not consistent with U.S. 
values or national security interests. They contrast with the 
UAE's claims to be an open society that shares U.S. values of 
tolerance and respect for human rights. The Committee-passed 
legislation therefore directs changes to U.S. regulations and 
laws aimed at helping to ensure that former U.S. Intelligence 
Community personnel do not inadvertently aid or abet efforts by 
the UAE or any other country to violate the human rights and 
privacy of Americans or any other citizens.

                    Unclassified Committee Direction


Diversity and Inclusion

    Significantly increasing diversity and inclusion within the 
IC is vital to the protection of U.S. national security. It 
thus long has been, and continues to be, a mission-critical 
priority for the Committee.
    While the Committee acknowledges the marginal increase in 
overall representation of minorities, women, and Persons with 
Disabilities (PWD) in the IC, such groups are scarcely 
represented at pay grades above GS/GG-13, the full performance 
marker. At the Senior Executive Service (SES) and Senior 
Intelligence Service (SIS) pay levels, minorities are 
practically non-existent. Only a handful of individuals from 
diverse backgrounds occupy the top positions across the 17 IC 
elements. And the percentage of individuals from diverse 
backgrounds in the IC lags woefully behind that within other 
departments of the federal government, as well as the private 
sector.
    Seeking to address such challenges, the IC has taken 
various steps: conducting early outreach; expanding authorities 
for grants to and partnerships with academic organizations from 
the elementary school through the collegiate levels; holding 
regional IC-wide recruitment events and virtual career fairs; 
implementing a cloud-based platform; as well as accelerating 
impactful security clearance reform. Senior leaders across the 
IC also have committed to buttressing retention, promotion, 
employee resource groups, and accountability programs.
    Despite these efforts, the statistics continue to be bleak. 
Among other things:
           White males make up 84% of the IC's SIS and 
        SES positions, despite making up 70% of the top 
        leadership positions in the civilian labor force;
           The number of minorities and women serving 
        as managers and supervisors within the IC has decreased 
        from 2017 to 2019;
           Minority departures from the IC steadily 
        have increased from 2016 to 2019;
           PWD departures from the IC increased in 
        2019, despite significant decreases since 2016.
    Like the rest of the government, the IC must do far better. 
It is imperative that the IC hire, retain, and promote diverse 
candidates, including those with experience and expertise in 
Science, Technology, Engineering, Arts and Mathematics (STEAM) 
fields; in analysis; and in foreign languages necessary to 
successful prosecution of the IC's mission.
    Therefore, the Committee directs that, by no later than 
April 30, 2021, the Director of National Intelligence shall 
brief the Committee on the IC's 2020 Annual Demographics 
Report. Such briefing shall, like the Report itself, include 
the expanded reporting categories mandated by the FY2020 
Intelligence Authorization Act.
    Further, the Committee directs that the ODNI submit to the 
Intelligence Committees by June 30, 2021 a written report 
outlining the findings and variables that affect the IC 
demographics noted above, including an attachment listing the 
incumbents of the top three positions by IC element and 
demographic categories.
    Finally, the Committee directs the Director of National 
Intelligence, by no later than June 30, 2021, to complete a 
comprehensive review of promotions for calendar year 2020--
broken down by gender, race, PWD, grade, career category, and 
tenure in both grade and in the federal government.

Emerging Technologies

    This Committee remains dedicated to ensuring that the 
Intelligence Community (IC) has the resources and authorities 
necessary to maintain the United States' leadership in 
scientific and technological discovery. Therefore, the 
Committee directs that, no later than June 1, 2021, the ODNI, 
in coordination with all relevant agencies of the IC, provide 
to the Committee a written report that, at a minimum:
          1. Proposes a plan for improved engagement with the 
        private sector and academic institutions;
          2. Proposes a plan to launch a three-year pilot of 
        the Public-Private Talent Exchange, and annual reports 
        to the congressional intelligence committees on 
        progress of the pilot program;
          3. Assesses the viability of a fellowship program for 
        recent graduates of science, technology, engineering, 
        and mathematics programs to work in the IC for a 
        limited period of time;
          4. Identifies each IC element's use of Other 
        Transaction Authority in the previous three fiscal 
        years;
          5. Identifies any gaps or limitations in the ability 
        of the IC to interact with academic institutions;
          6. Addresses the sufficiency of the IC's 
        relationships with the Federally Funded Research and 
        Development Centers, and in particular with respect to 
        strategic management and coordination among relevant IC 
        elements which participate in the Department of 
        Energy's Strategic Intelligence Partnership Program, to 
        support the IC's scientific and technological research 
        and development priorities;
          7. Identifies existing areas of collaboration with 
        foreign intelligence partners on scientific and 
        technological research and development activities, and 
        identifying areas for growth and any limitations 
        preventing further collaboration;
          8. Proposes a plan to improve remote and telework 
        opportunities for the IC workforce, and specifically to 
        make such opportunities available to individuals who 
        have accepted an offer of employment but have not 
        completed the security clearance process; and
          9. Assesses the viability of creating an advisory 
        board modeled after the Defense Intelligence Board.

Report to Congress on Release of Medical Records of Guantanamo Bay 
        Detainees

    The Committee is concerned that the medical records of the 
forty (40) remaining detainees at Guantanamo Bay Naval Station 
are not being made available to the detainees or their 
representatives in sufficient scope or a timely fashion, 
including because the Executive Branch takes the position that 
some of the information in the records is properly classified 
under Executive Order 13526. The Committee is particularly 
concerned about claims, including by the Center for Victims of 
Torture and Physicians for Human Rights, that ``medical needs 
[of detainees] are subordinated to security functions.'' It is 
important that complete medical information be made available 
to detainees and their representatives in a timely fashion in a 
way that protects any legitimately classified information.
    Therefore, in order to assist its oversight of the 
classification of medical records, the Committee directs that 
the Under Secretary of Defense for Intelligence and Security, 
in consultation with the Director of National Intelligence and 
with such heads of elements of the Intelligence Community that 
the Director deems appropriate, and by not later than June 1, 
2021, shall submit to the Committee a comprehensive written 
report on the handling, dissemination, and release of 
Guantanamo detainee medical records.
    The report shall include, at a minimum:
          1. A list of every method that a Guantanamo Bay 
        detainee or his representative can use to request that 
        (a) medical records be provided to the detainee or his 
        representatives and (b) full and complete medical 
        records be provided to the detainee or his 
        representatives;
          2. A detailed discussion of the purposes for which 
        medical records can be released to the detainee or his 
        representatives, including use in litigation, to inform 
        independent medical assessments of the detainee 
        unrelated to litigation, to enable a detainee's 
        representatives to advocate for more effective medical 
        care, or any other purpose;
          3. Lists of (a) which of the above purposes would 
        allow for a detainee to receive full and complete 
        medical records, and in each case for which purposes 
        full and complete records were provided and (b) 
        detainees who have been provided full and complete 
        medical records, and in each case for which purposes 
        full and complete records were provided;
          4. The number of detainees who have been provided 
        with full and complete copies of their medical records;
          5. A description of how long each process for record 
        review takes from start to finish and potential changes 
        that could speed up the process;
          6. A step-by-step description of the process for 
        review of detainee medical records for production to 
        the detainee or his representatives in habeas corpus 
        litigation;
          7. A step-by-step description of the process for 
        review of detainee medical records for production to 
        the detainee or his representatives in military 
        commission litigation;
          8. A step-by-step description of the process for 
        review of detainee medical records for production to 
        the detainee or his representatives pursuant to the 
        Freedom of Information Act;
          9. A step-by-step description of the process for 
        review of detainee medical records for production to 
        the detainee or his representatives as part of the 
        Periodic Review process established pursuant to 
        Executive Order 13567;
          10. A step-by-step description of the process for 
        review of detainee medical records for production to 
        the detainee or his representatives pursuant to any 
        other process that could result in the provision of 
        such records to the detainee or his representatives;
          11. The risks and benefits of creating a separate 
        process by which a detainee or his representatives can 
        request medical records for the purpose of advocating 
        for more effective medical and psychological care of 
        the detainee during his continued detention;
          12. A description of every basis for withholding 
        information pursuant to any of the processes described 
        in items 4-8, including classification, Controlled 
        Unclassified Information, executive privilege, or force 
        protection; and
          13. A list of every category of classified 
        information used to redact information from medical 
        records, including an identification of which agency 
        `owns' the information redacted pursuant to the 
        category.
    Any step-by-step description shall include identification 
of who may make the request pursuant to the process, how the 
request is made (and to whom), a description of how records are 
gathered for processing, a description of each step that the 
records make along the way to a final releasable product 
(including the agency conducting the review, the specific 
office tasked with the review, the type of information that 
that office is tasked with redacting from the records), a 
description of who receives the records at the conclusion of 
the process, a description of any controls on further 
dissemination that the records are subject to at the end of the 
process, and a flow chart or other graphical depiction of the 
process from start to finish.
    The report shall be unclassified, but may include a 
classified annex.

Under Secretary of Defense for Intelligence and Security Program 
        Management

    The Committee supports the Under Secretary of Defense for 
Intelligence and Security (USD(I&S)) performing a limited 
program management or incubation role for programs which may 
provide unique value to the Defense Intelligence and Security 
Enterprises. However, there is apparently limited guidance as 
to how or when a program may be managed by USD(I&S) or shifted 
to another DOD component to manage.
    Therefore, the Committee directs the USD(I&S), by no later 
than May 27, 2021, to submit to the Committee a written plan 
for transitioning the management of all current programs to an 
appropriate DOD component within 24 months of such report's 
submission; to the extent USD(I&S) may wish to continue to 
manage a particular program, the report shall provide the 
committees with a justification for why its continued 
management of the program is warranted. The written plan should 
also set forth criteria that USD(I&S) will use going forward, 
in determining whether to manage future programs.

IC/CSA Framework

    Fiscal Year 2018 National Defense Authorization Act and 
corresponding Intelligence Authorization Act directed the 
USD(I&S) and ODNI to create a framework to more effectively 
manage elements of the IC that are also Combat Support Agencies 
(CSAs).
    While the Committee strongly supports the GAMECHANGER tool 
and is encouraged by its promising capabilities--which include 
enabling interagency lexicon, policy reconciliation and 
streamlining policy development--this tool alone does not 
fulfill the FY 2018 direction to create a framework for 
managing IC elements that are also CSAs.
    The Committee is particularly interested in the validation 
and refinement of such a framework; identification of any 
necessary amendments to existing policies and relevant 
processes, authorities, command and control constructs; and the 
definitions underpinning the framework. Finally, the 
reconciliation of variances in the definitions used by the DOD 
and/or IC is a significant and important component of the 1626 
direction and goes to the very core of congressional intent for 
the provision.
    Therefore, the Committee directs the USD(I&S) and ODNI to 
present to the congressional intelligence and defense 
committees, by no later than March 15, 2021, a written plan of 
action and milestones for complete implementation of Section 
1626 of the FY 2018 NDAA.

ISR Transfer Fund

    The Committee is generally supportive of the flexibility 
provided within the Intelligence Surveillance and 
Reconnaissance Transfer Fund (ISR TF) and appreciated 
engagement by USDI&S based on previous direction in the IAA for 
FY 2018, 2019, and 2020. However, the Committee strongly 
believes that funding provided in the ISR transfer fund should 
be used to bolster Department of Defense ISR capabilities that 
directly support the National Defense Strategy.
    Therefore, the Committee directs that USD(I&S) prioritize 
funding which may be made available from the ISR TF to 
accelerate or facilitate projects, platforms, and capabilities 
aligned with service or department strategy documents directly 
or indirectly supporting the National Defense Strategy.

Defense Intelligence Analysis Program (DIAP) Staffing Levels

    The Committee supports the Department of Defense's ongoing 
efforts to shift its focus from counterterrorism and other 
missions to those involving near-peer adversaries, including 
China and Russia. However, many of the Defense Intelligence 
Enterprise's (DIE) structures remain optimized for 
counterterrorism and have not sufficiently adapted to reflect 
the Department's change in emphasis. The Committee is 
particularly interested in staffing levels within the Defense 
Intelligence Analysis Program (DIAP).
    Therefore, the Committee directs the USD(I&S), in 
coordination with the Director of the Defense Intelligence 
Agency (DIA), to conduct a review of the DIAP's level of 
effort, expressed in terms of Full Time Equivalents (FTEs), 
both at DIA headquarters and at Combatant Commands. USD(I&S) 
shall brief the Committee by no later than November 1, 2021 on 
the results of this review. Such briefing shall include, at a 
minimum, USD(I&S)'s recommendations to balance analytic level-
of-effort against the Department's current requirements, and 
the steps USD(I&S) intends to take within fiscal year 2022 to 
more effectively align FTEs against Department requirements, 
particularly with respect to those regarding China and Russia.

Hypersonic Aircraft

    Congress has long expressed concern about the threats posed 
by hypersonic weapons and the imperative for the United States 
of rapidly developing offensive and defensive hypersonic 
weapons systems. The Fiscal Year 2020 Department of Defense 
Appropriations Conference Report includes $100,000,000 to 
establish a Joint Hypersonics Transition Office, and to develop 
and implement a roadmap for hypersonics. Further, the report 
accompanying H.R. 2968, the House-passed Department of Defense 
Appropriations Act for Fiscal Year 2020, included language 
encouraging Air Force research into reusable hypersonic 
propulsion technologies including high Mach turbines.
    The Committee is also aware of ongoing private sector 
efforts, independently and in partnership with federal agencies 
and departments, to develop aircraft capable of flying at 
speeds even beyond Mach 5. These aircraft have the potential to 
enhance the IC's and the Defense Intelligence Enterprise's 
intelligence, surveillance, and reconnaissance capabilities.
    Therefore, the Committee directs the USD(I&S), in 
coordination with the Secretary of the Air Force and the 
Director of National Intelligence and by no later than March 
21, 2021, to brief the Committee on:
          1. The capability gaps that high Mach and hypersonic 
        aircraft can fill;
          2. An acquisition strategy for such capabilities; and
          3. An overview of the roles and responsibilities for 
        this strategy.

U.S. INDOPACOM China Strategic Initiative

    The Department of Defense has sought to prioritize 
preparing for the current and future threats posed by near-peer 
adversaries, including the People's Republic of China, in the 
Defense Wide Review and associated planning efforts. The 
Committee is extremely supportive of the Department's efforts 
to more effectively analyze and predict Chinese decision-
making.
    The China Strategic Initiative is an effort within the 
Department that seeks to inform and broaden the Department's 
understanding of China. This program intends to provide a 
rigorous, thoughtful study of the strategic environment. The 
Committee notes that the Department will likely continue to 
benefit from such thoughtful analyses, which should in turn 
lead to more informed and judicious decision-making.
    Therefore, the Committee directs the Department to analyze 
requested funding levels for the China Strategic Initiative 
across the future years defense program and to resource the 
program at a level commensurate with the value that the program 
provides to the Department.

                                  ARMY

Army Foreign Language Training

    In 2015, the military services agreed that linguists would 
meet a 2+/2+ reading and listening standard before graduating 
from the Defense Language Institute Foreign Language Course 
(DLIFLC). This will enable support to both Service-derived and 
National Security Agency language requirements. Despite this 
commitment, the Army has been met with a number of limiting 
factors and may not meet the 2+/2+ graduation standard by the 
Army's goal of Fiscal Year 2023.
    Since 2016 the Army also has not met its recruitment and 
retention goals for the Cryptologic Linguist and Human 
Intelligence Collector specialties. While the Army has taken 
steps to improve recruiting and retention of soldiers with 
necessary foreign language skills, challenges persist--
including an inability to assess language proficiency easily, 
as well as security clearance investigation and processing 
delays.
          1. Therefore, the Committee directs the Secretary of 
        the Army to complete a formal doctrine, organization, 
        training, materiel, leadership, education, personnel, 
        facilities, and policy assessment to evaluate:
          2. The language training requirements for its 
        Cryptologic Linguist and Human Intelligence Collector 
        specialties; and
          3. The Total Army Language Program's current and 
        anticipated requirements to support language-dependent 
        Soldiers upon their graduation from DLIFLC.
          4. Additionally, the Army shall provide a report to 
        the intelligence committees on the ability for the Army 
        to meet the 2+/2+ standard requirement by Fiscal Year 
        2023. The report should include major limiting factors 
        inhibiting the Army from meeting the 2+/2+ requirement, 
        mitigation measures (including budget implications) or 
        a determination recommending a change to the 
        requirement by fiscal year 2023.
    Finally, the Committee directs the Secretary of the Army to 
conduct a study by May 2021 to identify methods other than the 
Defense Language Aptitude Battery to determine a Soldier's 
language aptitude.

Army Tactical SIGINT Payload

    Since 2011, the Army has attempted to develop a pod, the 
Tactical SIGINT Payload (TSP), capable of meeting documented 
SIGINT collection requirements for counterinsurgency 
environments. While initial developmental test results may have 
warranted a low rate initial production decision, subsequent 
operational test failures indicated that TSP could not meet the 
program's original requirements. Consequently, the Army 
reallocated TSP funds to other priorities. The Army then 
conducted forward operational assessments in 2017 and 2019 
which demonstrated some limited operational utility in 
counterinsurgency environments and informed the decision to 
transition the TSP program of record to a Quick Reaction 
Capability (QRC) in support of Combatant Command (CCMD) 
counterinsurgency requirements.
    The Committee supports the Army's decision to transition 
the TSP program to a QRC. However, the Committee is concerned 
the Army has not allocated resources necessary to ensure that a 
TSP pod can support emergent CCMD requirements. The Committee 
is also concerned that the Army failed to partner with the 
National Security Agency (NSA) before finalizing the TSP 
requirements and developing a materiel solution.
    Therefore, the Committee directs the Secretary of the Army, 
by no later than January 27, 2021, to provide to the Committee 
a written report regarding the TSP and its successor, the 
Multi-Domain Sensor System (MDSS). The report shall address, at 
a minimum, how the MDSS will utilize a suite of SIGINT sensors 
to meet Army requirements; and set forth a plan for the Army to 
partner closely with the NSA on SIGINT solutions for the 
future, consistent with the requirements of 10 U.S.C 2337.

Military Intelligence Readiness Reporting

    The Army assesses intelligence readiness at the strategic 
and tactical levels in accordance with DoD Force Readiness 
Reporting requirements (CJCSI 3401.02B), and in different 
ways--including through monthly, quarterly and annual reviews 
and assessments by the Army G2 and the G2 Staff. Through such 
efforts, the Army is better able to track trends, highlight 
deficiencies, enable the efficient application of resources, 
and mitigate risk.
    As part of its authorized jurisdiction and responsibilities 
under House Rule X, clause 11(b)(1), the Committee oversees the 
intelligence, intelligence-related, and tactical intelligence 
activities of all Departments and agencies of the U.S. 
government, to include those of the Department of Defense. That 
mandate encompasses the Department's intelligence readiness and 
related capabilities.
    Therefore, the Committee directs the Senior Intelligence 
Officer of the Army to provide to the Committee, by no later 
than March 27, 2021, a written report outlining the readiness 
of the Army personnel engaged in intelligence, intelligence-
related, or tactical intelligence activities. This report shall 
include, at a minimum:
          1. An overview of how the Army evaluates, in 
        quantitative, qualitative and any other applicable 
        terms, the readiness of its intelligence capabilities;
          2. An assessment of whether Army intelligence 
        organizations and personnel are meeting readiness 
        objectives, including those regarding readiness to 
        [enable/engage in] multi-domain operations; and
          3. An overview of how the Army has aligned its 
        intelligence forces' joint or mission-essential tasks 
        lists with the most recent National Defense Strategy 
        priorities, to include an increased focus on great 
        power competition with China and Russia.

                                  NAVY

Navy Cable Ship Repair Replacement T-ARC(X)

    The Navy's only cable laying and repair ship, the T-ARC 7 
(USNS ZEUS), is nearing the end of its extended service life. 
The USNS Zeus maintains primary missions to transport, deploy, 
retrieve, and repair submarine cables and test underwater sound 
devices, and is a key component of the Integrated Undersea 
Surveillance System (IUSS).
    A Maritime Surveillance System Capacity Study completed in 
January 2017 determined that the program workload for cable 
laying ships doubled in the last decade and will double again 
soon. A single cable ship cannot continue to meet the demands 
placed upon it, and project workload, system growth, and 
additional systems exceed capacity. The Navy is capable of 
bridging capacity gaps in the short term, but a long-term 
solution and prioritization is necessary.
    Therefore, the Committee directs, first, that the Navy 
shall not retire the USNS ZEUS until the vessel's material 
condition degrades beyond economic repair or the capability and 
capacity currently provided by ZEUS is met or exceeded. The 
Secretary of the Navy should prioritize the resources needed to 
meet the current two cable ship requirement.
    Additionally, The Navy shall submit to the Committee by no 
later than February 1, 2021 a written report regarding the USNS 
ZEUS which shall contain, at a minimum: (1) forecasting data 
regarding when the USNS ZEUS's material condition may degrade 
beyond economic repairs; and (2) a plan regarding the future of 
cable laying capacity managed by the Navy.

MQ-4C Triton Multi-Intelligence Fleet

    The Navy's MQ-4C Triton unmanned aerial system provides 
persistent maritime intelligence, surveillance, and 
reconnaissance (ISR) capability. The Committee strongly 
supports the program's Multi-Intelligence (Multi-INT) 
configuration. MQ-4C Multi-INT is integral to the 
recapitalization of the Navy's maritime patrol and 
reconnaissance force (P-3C and EP-3E).These capabilities are 
especially critical given the Navy's increased focus on the 
vast Indo-Pacific theater. Accordingly, the Committee is 
concerned about the production pause in the MQ-4C Triton 
included in the Fiscal Year 2021 budget and its potential 
adverse impact on operational capabilities, suppliers, and 
program costs.
    Therefore, the Committee directs the Secretary of the Navy 
to submit to the Committee, by no later than February 1, 2021, 
a written report regarding plans for fielding the MQ-4C 
Triton's Multi-INT capability as soon as possible, and on the 
impact of the FY21 budget to the program. Such report shall 
include:
          1. A reaffirmation of the Navy's commitment to Multi-
        INT and a detailed description on how it plans to 
        achieve Triton Multi-INT Initial Operational Capability 
        (IOC) in FY 2022;
          2. A description of the Multi-INT capability, system 
        architecture, tasking, collection, processing, 
        exploitation, and dissemination (TCPED) processes and 
        infrastructure required to support operations;
          3. The Navy's Maritime Intelligence Surveillance 
        Reconnaissance and Targeting (MISR&T) Plan detailing 
        how the Navy plans to build, deploy, and support world-
        wide MQ-4C Triton Multi-INT system deployments; and
          4. The impact of a production pause on the MQ-4C 
        Triton's industrial base, program costs, and any 
        mission gaps may create.

Navy ONI Infrastructure

    The Office of Naval Intelligence (ONI) is the leading 
provider of global maritime intelligence for the U.S. Navy and 
other national IC organizations. It is headquartered in 
Suitland, Maryland and employs approximately 3,000 military, 
civilian, mobilized reservists and contractor personnel 
worldwide. ONI also has the support of more than 800 Navy 
Reservists providing an equivalent of 90+ man-years of 
production during weekend drill and active duty periods.
    The National Maritime Intelligence Center (NMIC), which 
houses ONI, was designed and built with National Intelligence 
Program funds and completed in 1993. Yet the aging building and 
its surrounding structures badly need infrastructure upgrades.
    Therefore, the Committee directs the Naval District 
Washington, by no later than February 19, 2021, to brief the 
Committee on any necessary infrastructure improvements for ONI/
NMIC over the future years defense plan.

                               AIR FORCE

Future of the U2 Dragon Lady

    The Committee has long supported the U2 Dragon Lady 
Aircraft and supported the Air Force as it seeks to utilize the 
aircraft in support of the National Defense Strategy.
    Therefore, the Committee directs the Air Force to 
prioritize future sensor capability for the U2 Dragon Lady. 
Further, the Committee directs the Air Force A2/6 to notify the 
Committee of any significant challenges to future ISR 
employment, including basing or sensor development.

Advanced Battle Management Family of Systems

    The Advanced Battle Management System (ABMS) aims to be a 
cross-service next generation system-of-systems, which fill 
fuse global air and space intelligence, surveillance, and 
reconnaissance information, and replace the command and control 
capabilities of aging legacy systems. The Committee is 
supportive of ABMS and pleased with the engagement and 
responsiveness from the Air Force on this issue.
    However, the Committee is concerned by the unclear scope of 
the Air Force's ABMS requirements. Furthermore, the Committee 
is aware of several instances of large technological 
acquisition programs failing to properly build security 
requirements into planning early and throughout the process. 
The National Security Agency (NSA) is the U.S. Government's 
lead on cybersecurity issues, with the most informed and 
current analysis of adversaries' technical activities and 
capabilities. Given the sensitive nature of the intelligence 
information that will act as the backbone of ABMS, it is vital 
that ABMS use only the most secure tools and technology--and 
benefit from NSA's expertise.
    Therefore, the Committee directs that, no later than 
January 27, 2021, the Assistant Secretary of the Air Force for 
Acquisition, Technology and Logistics brief the committee on 
the Air Force's plan to:
          1. Consult with the NSA on minimum security 
        standards, and build these recommendations into the 
        requirements for ABMS;
          2. Vet technologies to ensure that they meet such 
        standards; and
          3. Engage with the NSA post-development to ensure 
        proper security procedures in the use of tools that 
        utilize intelligence information.

RC-26 Platform Review

    The Committee supports the Department of Defense's efforts 
to implement a routine process for assessing which programs it 
includes within, or removes from, the Military Intelligence 
Program (MIP) portfolio. The Air Force does not currently 
consider the National Guard's RC-26 aircraft an intelligence 
platform despite its ability to conduct surveillance and 
reconnaissance operations. The Committee is concerned the Air 
Force has not included a platform that shares many of the 
features found in intelligence aircraft within its MIP 
portfolio.
    Therefore, the Committee directs the Under Secretary of 
Defense for Intelligence and Security (USD(I&S)), in 
consultation with the Secretary of the Air Force and the Chief 
of the National Guard Bureau, to review the appropriateness of 
including the RC-26 aircraft within the MIP portfolio. The 
Committee further directs the USD(I&S) to brief the Committee 
on the results of this review by no later than March 28, 2021.

                              MARINE CORPS

Marine Unmanned Expeditionary Aircraft

    The report accompanying H.R. 3494, the House-passed 
Intelligence Authorization Act (IAA) for Fiscal Years 2020, 
2019, and 2018, among other things required the U.S. Marine 
Corps to provide a briefing on the Marine Unmanned 
Expeditionary Aircraft (MUX). Although the Marine Corps 
provided the briefing, the current requirements, development 
production, and deployment of group 4 and group 5 unmanned 
aerial systems remains unclear.
    Therefore, the Committee directs the Marine Corps to submit 
to the Committee, by no later than February 27, 2021, a written 
report regarding the MUX. It shall contain, at a minimum, an 
updated summary of doctrine, organization, training, materiel, 
leadership, personnel and facilities (DOTMILPF), as well as an 
Analysis of Alternatives.

                    U.S. SPECIAL OPERATIONS COMMAND

SOF Intelligence Training Annex

    Once completed, the Special Operations Command's Special 
Operations Forces (SOF) Intelligence Training Annex (the 
Annex), at Ft. Bragg, North Carolina, will provide the 1st 
Special Warfare Training Group (Airborne) a facility where it 
can provide its forces with critically important training in 
advanced intelligence techniques.
    The Annex was funded initially in 2016. But construction 
has not been finished, and the project has since required 
additional funds. A second construction contract, with a cost 
of approximately $15 million, will have to be awarded in order 
to conclude the project. Absent this infusion of needed 
resources--and the Annex's completion--the Group will have to 
conduct training in undersized, leased facilities. These will 
require significant infrastructure improvement to meet mission 
requirements.
    Therefore, the Committee directs an increase of $17,000,000 
above the Fiscal Year 2021 budget request for the completion of 
the SOF Intel Training Annex.

Special Operations Forces in Indo-Pacific

    The Committee recognizes the sustained contributions of 
Special Operations Forces in the Indo-Pacific area of 
responsibility, as well as the roles and responsibilities the 
353rd Special Operations Group.
    The Committee is concerned with the current level of base 
infrastructure support, and the availability of intelligence 
and classified facilities available to the 320th Special 
Tactics Squadron (STS). The Committee strongly supports 
construction of a new STS operations facility, as part of the 
consolidation of SOF facilities at Kadena Air Base, Japan. The 
project should include all necessary and classified storage and 
working facilities.
    Therefore, the Committee directs the United States Special 
Operations Command and Air Force Special Operations Command to 
consider their respective military construction priorities in 
light of emerging intelligence challenges from near-peer 
competitors in the Indo-Pacific area of responsibility. 
Particular consideration should be given to the construction of 
a new STS operations facility as part of the consolidation at 
Kadena Air Base.

U-28 Platform Modifications

    The fiscal year 2021 budget request includes funding for 
unique modifications to U-28 aircraft for United States Special 
Operations Command (USSOCOM). Currently, USSOCOM is using 
fiscal year 2019 and 2020 funds to upgrade certain U-28 
aircraft to the EQ+ configuration--which will enable extended 
stand-off operations and enhance the U-28's ISR capability.
    The Committee strongly supports USSOCOM's U-28 modification 
and upgrade program and expects that the platform will provide 
operational capability into the 2040s.
    USSOCOM should request in its Fiscal Year 2022 budget 
sufficient resources to accelerate U-28 modifications and 
standardize the EQ+ configuration across the U-28 fleet. It 
should also resist potential courses of action inconsistent 
with this approach, to include the replacement of the U-28 with 
an inferior or dissimilar aircraft.
    Therefore, the Committee directs USSOCOM to provide to the 
Committee, by no later than January 27, 2021, a written 
strategy to preserve national mission force ISR capability, 
through continued sustainment of and upgrades to the U-28 
platform.

                     NATIONAL RECONNAISSANCE OFFICE

National Reconnaissance Office (NRO) Interaction with Socially and 
        Economically Disadvantaged Businesses and Minority Serving 
        Institutions

    The Committee is supportive of the NRO's desire to build an 
organization that embodies diversity and inclusion. The 
Committee believes these efforts should include increasing the 
NRO's outreach to socially and economically disadvantaged 
businesses and minority serving institutions. The Committee, 
however, is concerned the NRO has not appropriately prioritized 
its relationship with these entities.
    Therefore, the Committee directs the NRO to brief the 
Committee, by no later than April 15, 2021, on its plan to 
increase engagement with socially and economically 
disadvantaged businesses and minority serving academic 
institutions. This plan should include an assessment of the 
resources required to accomplish this plan.
    The Committee also directs the NRO to provide to the 
Committee, by no later than February 10, 2021, a written list 
of all contracts awarded to economically and socially 
disadvantaged businesses in the prior year.

The National Reconnaissance Office's Role within the IC

    The NRO is an integral component of the IC. Since its 
inception in 1961, the NRO has faithfully supported national, 
strategic, and tactical customers. The NRO's unique workforce 
and organizational culture have ensured that the IC and 
warfighters maintain an information advantage over the nation's 
adversaries.
    While the Committee is supportive of the Department of 
Defense's (DOD) creation of U.S. Space Command and U.S. Space 
Force, it believes the NRO must maintain its independence. 
Therefore, the Committee directs the NRO, U.S. Space Command, 
U.S. Space Force, and the IC Space Executive to brief the 
Committee no later than January 30, 2021 on:
          1. The DOD and IC's requirement to inform the 
        congressional intelligence committees before initiating 
        the transfer of elements or functions between the Space 
        Force and NRO;
          2. The policies and procedures that govern IC-DOD 
        coordination of appropriate element or functional 
        transfers between the Space Force and NRO;
          3. How the IC and DOD will ensure the NRO remains an 
        independent organization; and
          4. How the IC and DOD will coordinate their space-
        based activities during peacetime and conflict.

Data Centers as a Service

    The Committee is aware the NRO is continuing to refine its 
data center requirements. The Committee is supportive of any 
efforts that allow the NRO to leverage commercial capabilities 
where appropriate and whenever possible. Therefore, the 
Committee directs the NRO, by no later than March 31, 2021, to 
brief the Committee on:
          1. Any efforts to develop data center requirements 
        that include:
          a. service contract approaches;
          b. facilities with access to renewable energy;
          c. the location of facilities outside of major 
        metropolitan areas;
          d. facilities' access to multiple cloud providers;
          e. leveraging commercial providers that are wholly-US 
        owned, operated, and supported; or
          f. the ability to support Top Secret collateral and 
        compartmented data; and
          2. The use of other transaction authorities to award 
        service contracts that deliver immediate data center 
        capacity.

Comptroller General Review of NRO Commercial Systems Program Office

    The Committee believes the NRO's Commercial System Program 
Office's (CSPO) efforts as part of the GEOINT directorate have 
provided tremendous value to the IC, DOD, and other customers. 
CSPO has allowed the NRO to enhance both the resiliency and 
capacity of its hybrid architecture. However, the Committee is 
concerned the CSPO may not be optimally located within the NRO 
to shape budget priorities.
    Therefore, the Committee directs the Comptroller General of 
the United States to submit to the Committee a written report, 
which shall, at a minimum:
          1. Describe the process the NRO uses to determine its 
        organizational structure and the CSPO's size, location, 
        and requirements;
          2. Evaluate the extent to which the NRO's process met 
        best practices for such analyses;
          3. Evaluate the utility of elevating the CSPO to an 
        independent directorate within the NRO;
          4. Evaluate the NRO's efforts to integrate commercial 
        capabilities into a hybrid architecture;
          5. Evaluate the NRO's statutory requirements to 
        maximize the use of commercially available services and 
        capabilities; and
          6. Provide recommendations, including to improve 
        processes, authorities, or adjust resources to match 
        NRO, IC, or DOD requirements.
    The Committee will confer with the Comptroller General 
regarding a timeline for the report's completion and submission 
to the Committee. However, the Comptroller General shall brief 
the Committee on its preliminary findings by no later than 
March 31, 2021.

                             SPACE-RELATED

Comptroller General Review of National Space Defense Center

    Situational awareness is fundamental to conducting 
operations in space--but maintaining it is increasingly 
difficult. The space domain is increasingly complex and 
contested. And no one U.S. department or agency holds all the 
authorities and capabilities necessary to achieve comprehensive 
situational awareness. Effective execution will require unity 
of effort.
    The National Space Defense Center (the Center) represents a 
potential focus of integration and coordination. The Center was 
established to improve the ability of the U.S. government to 
rapidly detect, warn of, characterize, attribute, and defend 
against threats vital to U.S. space systems. One of the 
Center's key responsibilities is to maintain and distribute an 
integrated common operational picture of the space domain. 
However, over the years the Committee has observed that the 
Center and its predecessor organization encountered challenges 
in effectively integrating information from disparate sources.
    Therefore, the Committee directs the Comptroller General of 
the United States to provide the Committee with a written 
report regarding the National Space Defense Center's space 
situational needs. This Comptroller General's review should 
address, a minimum, the extent to which the Center has:
          1. Identified challenges to effective and timely 
        integration of space situational awareness information 
        and taken steps to mitigate those challenges;
          2. Issued guidance to define roles and 
        responsibilities, established policies and procedures 
        to operate across agency boundaries, and promoted other 
        collaborative measures to better integrate and share 
        space situational awareness information;
          3. Coordinated with relevant IC organizations and 
        military services to develop and implement effective 
        and timely acquisition approaches for integrating 
        situational awareness information that may reside at 
        various security classification levels;
          4. Developed a plan to utilize best practices from 
        other governmental entities and the private sector to 
        refine its acquisition strategy or develop space 
        situational awareness requirements;
          5. Developed a transition plan for the adoption of 
        any materiel solution that integrates data from new 
        applications and legacy capabilities; and
          6. Planned for new capabilities and the corresponding 
        resources, to include funding and cost-share 
        implications.
    The Committee will confer with the Comptroller General 
regarding a timeline for the report's completion and submission 
to the committees. However, the Comptroller General shall brief 
the Committee on its preliminary findings by no later than 
March 31, 2021.
    The Committee expects that the IC and DOD will fully 
cooperate with the Comptroller General, by promptly providing 
the Comptroller General with access to all necessary documents 
and other relevant information, to include all pertinent 
budgetary and funding data.

Intelligence Community and Space Situational Awareness

    Space situational awareness requirements are currently 
being filled by the Department of Defense, IC elements, other 
government agencies, and, increasingly, commercial providers. 
While mission partners in the IC can contribute to the decision 
calculus about the impact of actions resulting from a maneuver 
necessitated by a conjunction assessment, various mission 
partners make different contributions to this decision.
    Therefore, the Committee directs the Directors of National 
Geospatial-Intelligence Agency, the Director of the National 
Reconnaissance Office, the Commander of U.S. Space Command, and 
the Chief of Operations of the Space Force, by no later than 
February 1, 2021, to brief the Committee on the current 
contributions the National Geospatial-Intelligence Agency and 
the National Reconnaissance Office make to operational 
decisions regarding the necessity to maneuver national 
technical means given a potential conjunction assessment, and 
the coordination among the agencies, Space Command and Space 
Force, in peacetime, in crisis, and during a conflict.

U.S. Space Industrial Base Support

    Since 2009, the NRO, the Department of the Air Force, the 
Missile Defense Agency, and the Office of the Secretary of 
Defense for Acquisition and Sustainment have addressed supply 
chain risks through the Space Industrial Base Working Group 
(SIBWG). This working group allows the IC and DOD to make 
investments that support the health of the U.S space industrial 
base. In light of the ongoing pandemic, the Committee believes 
SIBWG participants should increase their contributions to the 
investment fund. Without additional support, the U.S. space 
industrial base may become inappropriately reliant upon foreign 
manufacturers.
    Therefore, the Committee recommends that all SIBWG 
participants increase their contributions for three years 
beginning in FY21. The classified annex to this report contains 
additional direction for the NRO on this subject.

Lunar Geospatial Intelligence and Situational Awareness

    The Committee is concerned with the growing number of 
cislunar and lunar surface missions near peers have 
accomplished and continue to explore.
    Therefore, the Committee directs the Director of National 
Intelligence, by no later than March 31, 2021, to brief the 
Committee on Chinese and Russian cislunar and lunar activity. 
The briefing shall include:
          1. An assessment of China's and Russia's military, 
        intelligence, economic, and research activities; and
          2. An overview of China's and Russia's cislunar and 
        lunar surface strategic goals through 2030.

                NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY

Metrics for Modern Best Practices in NGA Software Programs

    Modern best practices for software development are 
essential for NGA to modernize and innovate. The Committee 
supports NGA's attempts, particularly through the office of 
CIO-T, to adopt such practices. However, this adoption is 
uneven across NGA's different software programs, with some 
lagging greatly behind others.
    Metrics such as lead time, deployment frequency, time to 
restore, change fail percentage, and availability can help with 
assessing software programs' adherence to best practices and 
more accurately predicting their future success or failure. 
Additionally, in a sufficiently modern software development 
environment, the collection of such information can be largely 
or entirely automated, helping to minimize costs.
    Therefore, the Committee directs the Chief Information 
Officer of the National Geospatial-Intelligence Agency to 
provide to the Committee, by no later than March 1, 2021, a 
written report assessing the feasibility of tracking metrics on 
all new major software programs' adherence to modern best 
practices for software development. The report shall include, 
at a minimum:
          1. A recommendation on what set of metrics for 
        software programs' adherence to modern best practices 
        for software development would be most applicable to 
        the mission and operations of the NGA;
          2. A discussion of any barriers preventing the 
        automatic collection such metrics across NGA; and
          3. A discussion of resources required to track such 
        metrics on all of NGA's major new software programs.

Advancing NGA Product Management and Software Design

    The Committee supports NGA's Data Corps and Dev Corps 
programs to increase its native data science and software 
engineering talent and to increase the adoption of best 
practices within NGA. However, the Committee is concerned that 
NGA has not sufficiently expanded these efforts to other areas 
critical to successful software development outcomes, 
especially in the career fields of product management and user-
experience design.
    Therefore, the Committee directs NGA, by January 15, 2021, 
to brief the Committee on NGA's plans to adopt best practices 
in product management and user-experience design and to 
increase NGA's native talent in these areas.
    Further, the Committee directs NGA, by April 1, 2021, to 
provide the Committee with an implementation plan for a 
training program to educate NGA product managers, as well as 
others who would benefit within NGA, in industry best practices 
for software product management. The plan should outline any 
additional resources necessary to carry out such a program and 
describe further recommendations for how NGA can develop 
product management as a core competency and career field within 
the organization.

Diversity and Next NGA West

    The Committee remains strongly supportive of the 
construction of NGA's new Next NGA West (N2W) facility in St. 
Louis, Missouri. The Committee believes that the project should 
facilitate and be accompanied by greater interaction between 
NGA and the surrounding St. Louis community. NGA also should 
redouble its efforts to recruit, retain, and promote a diverse 
workforce both in St. Louis and nationally; and take continued, 
concrete steps to address its historical issues with diversity, 
such as those flagged in the 2018 report, ``The State of Black 
Promotions at NGA.''
    Therefore, the Committee directs NGA to brief the 
Committee, by no later than March 1, 2021, on NGA's current and 
planned activities to:
          1. Increase the recruitment, hiring, retention, and 
        promotion of underrepresented groups, including in the 
        St. Louis area;
          2. Ensure equal treatment and access to pay, 
        retention, and promotion; and
          3. Use N2W as a means for greater interaction with 
        the local St. Louis community.

IT System Recapitalization

    The Committee is concerned that NGA's aging information 
technology (IT) infrastructure is holding back NGA operations 
and does not support critical user capabilities including the 
visualization, analysis, and operational use of three-
dimensional (3D) data.
    Therefore, the Committee directs NGA to provide the 
Committee with its plan to recapitalize its aging IT systems 
over the Future Years Defense Program (FYDP), as well as how 
this recapitalization will enable capabilities for 3D data.

Unclassified Requirements for Additional Phenomenologies

    The Committee commends NGA for its work in developing the 
unclassified requirements for electro-optical (EO) in support 
of users worldwide. The Committee would also like to see this 
expand to include additional phenomenologies and synthetic 
aperture radar (SAR) in particular.
    Therefore, the Committee directs NGA to develop 
unclassified requirements for SAR and provide to the Committee 
by February 1, 2021 the proposed timeline and resources 
necessary to achieve these requirements. NGA shall also brief 
the Committee by that date on how it plans to take advantage of 
other unclassified phenomenologies to include radio-frequency 
mapping, hyperspectral, and LiDAR.

Timely & Unclassified Imagery Analysis

    The Committee commends the expansion of NGA's Global 
Enhanced GEOINT Delivery (G-EGD) service, which enables 
worldwide access to timely, unclassified, and shareable imagery 
to warfighters, other federal agencies, and foreign partners. 
However, this expansion coincided with a reduction in the 
commercial imagery and imagery analysis budgets for both NRO 
and NGA due to ODNI's ``other IC priorities.'' The Committee 
opposes this reduction and is concerned that in the future 
NGA's funding for commercial services may again be sacrificed 
in favor of other IC priorities.
    Each year, new commercial constellations are delivering new 
capabilities and phenomenologies both in the United States and 
internationally. These new capabilities are diffusing access to 
geospatial intelligence beyond the United States, but they also 
offer the U.S. government new opportunities to collect and 
share unclassified information in support of U.S. national 
security.
    The Committee is encouraged by NGA's proactive and diligent 
market surveys of commercial capabilities and wants to see a 
corresponding increase in funding to take advantage of emerging 
unclassified opportunities.
    Therefore, the committee recommends that NGA's commercial 
imagery, services, and analysis budget be increased to leverage 
this expanding marketplace and new phenomenologies. There is a 
corresponding authorization in the classified annex.

Countering the Malicious Use of Unmanned Aircraft Systems (UAS) in the 
        United States

    According to the Department of Homeland Security (DHS) and 
Federal Bureau of Investigation (FBI), the malicious use of UAS 
in the United States can take several forms, including kinetic 
attacks with payloads of firearms, explosives, or weapons of 
mass destruction and cyber-attacks against wireless devices or 
networks.
    Congress has granted limited authorities to the Departments 
of Justice, Homeland Security, Defense and Energy, to counter 
the malicious, domestic use of UAS, while at once ensuring 
aviation safety and protecting civil liberties and privacy. But 
Congress has not yet granted such authorities to other federal 
departments or agencies, U.S. airports, state and local law 
enforcement, or critical infrastructure owners.
    Therefore, the Committee directs that by no later than June 
1, 2021, the Director of National Intelligence, in coordination 
with the Under Secretary for Intelligence and Analysis of the 
Department of Homeland Secretary and the Director of the 
Federal Bureau of Investigation, and as necessary, in 
consultation with other appropriate agencies of the Federal 
Government, State and local governments, and the private 
sector, shall submit to the Committee an intelligence 
assessment on the threat posed by the malicious use of UAS in 
the United States. At a minimum, such assessment shall:
          1. Describe the national security and criminal threat 
        actors seeking to use UAS in the United States, 
        including their intentions, plans, and capabilities;
          2. Characterize the number and type of UAS incidents 
        in the United States from calendar year 2016 through 
        2020, differentiating those considered as malicious 
        use;
          3. Evaluate the probability, impact, and risk of the 
        full range of malicious use categories including: 
        kinetic attacks with payloads of firearms, explosives, 
        or weapons of mass destruction, especially at mass 
        gatherings or public events; illicit surveillance of 
        sensitive facilities or personnel, whether government, 
        military, or critical infrastructure; theft of 
        intellectual property; cyber-attacks on unsecured 
        wireless devices or networks; illegal trafficking or 
        drugs or contraband; interference with defense, law 
        enforcement, and intelligence activities; and the 
        potential compromise of UAS supply chains by foreign 
        adversaries; and
          4. Assess current trends and patterns, projected 
        evolution of the threat posed by the malicious use of 
        UAS, and implications for policy makers.
    Not later than June 1, 2021, the Secretary for Homeland 
Secretary and the Attorney General, in coordination with the 
Secretary of Transportation (acting through the Administrator 
for the Federal Aviation Administration) and the Director of 
National Intelligence, and as necessary, in consultation with 
other appropriate agencies of the Federal Government, State and 
local governments, and the private sector, shall submit to the 
Permanent Select Committee on Intelligence, the Committee on 
Homeland Security, the Committee on Transportation, and the 
House Committee on the Judiciary (for purposes of this 
direction, the ``Committees'') a written report. Such report 
shall, at a minimum:
          1. Describe the current Federal authorities, 
        regulations, and policies authorizing departments and 
        agencies to counter the malicious use of UAS;
          2. Identify and explain any gaps in such authorities, 
        regulations, and policies that impede the ability of 
        the Federal Government, State and local governments, 
        and critical infrastructure owners to counter the 
        threat posed by the malicious use of UAS;
          3. Evaluate whether current Federal law, regulations, 
        and policies are sufficient to ensure the safe exercise 
        of Counter UAS authorities in the National Air Space 
        and adequate protections for civil liberties and 
        privacy; and
          4. Recommend options to remedy any such gaps or 
        insufficiencies, including but not limited to necessary 
        changes in law, regulations, or policies;
          5. Propose what the Federal Government would need--
        with respect to authorities, regulations, policies, 
        protections for civil liberties and privacy, and 
        resources--to carry out feasibility studies and pilot 
        programs enabling U.S. airports, state and local law 
        enforcement, and critical infrastructure owners to 
        counter the malicious use of UAS; and
          6. Provide a comprehensive strategy on countering the 
        malicious use of UAS in the United States, including as 
        necessary, recommendations to update the U.S. National 
        Strategy for Aviation Security or its supporting plans.
    The intelligence assessment and report directed above shall 
be unclassified, to the maximum extent possible, though one or 
both may contain a non-public or classified annex, only if 
necessary to protect intelligence sources or methods and any 
other sensitive information protected from public disclosure by 
Federal law. Any classified annex shall be submitted to the 
Committees in an electronic form that is fully indexed and 
searchable.
    The unclassified portions of the intelligence assessment 
and report further shall be made available on the public 
internet websites of the Department of Homeland Security, 
Department of Justice, Department of Transportation, Federal 
Aviation Administration, Federal Bureau of Investigation, and 
the Office of the Director of National Intelligence, not later 
than 30 days after submission to the Committee and in an 
electronic format that is fully indexed and searchable.

Improving Information Sharing and Training for State, Local, Tribal, 
        and Territorial Law Enforcement on Matters of National Security 
        and Homeland Security

    The Committee recognizes the continued importance of 
improving information sharing and training on matters of 
national security and homeland security for State, local, 
Tribal, and Territorial law enforcement, consistent with 
protections for classified information as well as those for 
civil liberties and privacy.
    Therefore, the Committee directs that the Secretary of 
Homeland Security, Attorney General, Director of the Federal 
Bureau of Investigation, and Director of National Intelligence, 
shall jointly submit to the Permanent Select Committee on 
Intelligence, the Committee on Homeland Security, and the 
Committee on the Judiciary of the House of Representatives (for 
purposes of this direction, the ``Committees'') a written 
report regarding information sharing and related opportunities 
for each fiscal year. With respect to fiscal year 2021, such 
report shall be submitted by not later than June 1, 2021; a 
report as to the five following fiscal years also shall be 
submitted, on annual basis by no later than the first day of 
that fiscal year.
    Each fiscal year's report shall contain, at a minimum, a 
catalog that summarizes, relative to matters of national 
security and homeland security, opportunities for training, 
publications, programs, and services available to State, local, 
Tribal, and Territorial law enforcement from their respective 
departments, agencies, and all component agencies thereof.
    Each fiscal year's report shall be unclassified, to the 
maximum extent possible, but may be non-public or contain a 
classified annex only if necessary to protect classified and 
any other sensitive but unclassified information. Any such 
annex shall be submitted to the Committees in an electronic 
format that is fully indexed and searchable, and distributed to 
State, local, Tribal, and Territorial law enforcement, 
consistent with the protection of classified information.
    Unclassified portions of the report shall be made available 
to State, local, Tribal, and Territorial law enforcement by 
posting it, in an electronic form that is fully indexed and 
searchable, on the websites of the Department of Homeland 
Security and Department of Justice; and on the Homeland 
Security Information Network and the Law Enforcement Enterprise 
Portal.

Use of Online Platforms to Further Acts of Targeted Violence Related to 
        Terrorism, or, Advance Foreign Influence Campaigns

    The Committee recognizes that threat actors, including 
terrorists and foreign governments, have leveraged online 
platforms to further acts of targeted violence or advance 
foreign influence campaigns against the United States or U.S. 
persons. Understanding precisely how this activity occurs and 
its implications are critical to developing legislation and 
policy to effectively counter it, consistent with the rule of 
law and the protection of civil rights, civil liberties, and 
privacy.
    Therefore, the Committee directs as follows:
    Not later than June 1, 2021, the Secretary of Homeland 
Security (acting through the Under Secretary for Science and 
Technology), in coordination with the Director of National 
Intelligence and the Director of the Federal Bureau of 
Investigation, in a manner consistent with their authorities 
shall--
          1. Analyze existing research regarding previous acts 
        of targeted violence, including domestic terrorism or 
        international terrorism, and foreign influence 
        campaigns;
          2. Carry out research to better understand whether 
        any connection exists between the use of online 
        platforms, particularly platforms used for social media 
        and social networking, and;

          (A) Targeted violence, including domestic terrorism 
        and international terrorism, that takes into 
        consideration how the organization, structure, and 
        presentation of information on an online platform 
        contributes, or does not contribute, to acts of 
        targeted violence, including domestic terrorism or 
        international terrorism; and
          (B) the effectiveness of foreign influence campaigns, 
        taking into consideration how the organization, 
        structure, and presentation of information on an online 
        platform contributes, or does not contribute, to 
        political or societal polarization or other societal 
        outcomes; and

          3. Develop voluntary approaches that could be adopted 
        by owners and operators of online platforms to address 
        research findings under paragraph (2), while preserving 
        the individual civil rights, civil liberties, and 
        privacy of users; and
          4. Submit a written report to the Permanent Select 
        Committee on Intelligence, the Committee on Homeland 
        Security, and the Committee on the Judiciary of the 
        House of Representatives (for purposes of this 
        direction, the ``Committees'') summarizing the research 
        conducted and voluntary approaches developed; and 
        setting forth any further related implications or 
        recommendations.
    Not later than June 1, 2021, the Director of National 
Intelligence, in coordination with the Director of the Federal 
Bureau of Investigation and the Secretary of Homeland Security 
(acting through the Under Secretary for Intelligence and 
Analysis), shall provide a written intelligence assessment to 
Committees, regarding any use of online platforms to (1) 
further acts of targeted violence, including domestic terrorism 
and international terrorism; and (2) the use by foreign 
governments (or their proxies) or other nonstate actors to 
advance foreign influence campaigns, whether overt or covert, 
against the United States or U.S. persons. This assessment 
shall include--
          1. An assessment of threat actors' use of online 
        platforms for purposes specified above, including their 
        plans, intentions, and capabilities relative to such 
        use;
          2. An identification, comparison, analysis, and 
        assessment of key trends, as well as threat actors' 
        tactics, targets, and procedures in the use of online 
        platforms;
          3. A discussion of whether (and if so, to what 
        extent) foreign governments have sufficient laws and 
        policies to counter threat actors' use of online 
        platforms, including best practices and gaps, 
        consistent with the protection of civil rights, civil 
        liberties, and privacy;
          4. An assessment of the status and extent of any 
        information sharing, intelligence partnerships, foreign 
        police cooperation, and mutual legal assistance between 
        the United States and foreign governments, on threat 
        actors' use of online platforms;
          5. An assessment of any intelligence gaps and 
        recommendations on remedying them; and
          6. An opportunity analysis on countering threat 
        actors' use of online platforms.
    In carrying out both the report and intelligence assessment 
directed above, the Secretary of Homeland Security, Director of 
National Intelligence, and the Director of the Federal Bureau 
of Investigation, to the maximum extent practicable, shall 
consult with other appropriate agencies of the Federal 
Government, State, local, and Tribal, and Territorial 
governments, the private sector, and academic or non-government 
organizations.
    The report and intelligence assessment directive above 
shall be--
          1. Unclassified, to the maximum extent possible, but 
        may contain a non-public or classified annex to protect 
        sources or methods and any other information protected 
        from public disclosure by Federal law;
          2. With respect to the unclassified portions of the 
        report and intelligence assessment, made available on 
        the public internet websites of the Office of the 
        Director of National Intelligence, Department of 
        Homeland Security, and Federal Bureau of Investigation 
        not later than 30 days after submission to the 
        Committees; and in an electronic format that is fully 
        indexed and searchable; and
          3. With respect to a classified annex, submitted to 
        the Committees in an electronic format that is fully 
        indexed and searchable.
    With respect to the report and intelligence assessment 
directed above, the term ``online platform'' means internet-
based information services consisting of the storage and 
processing of information by and at the request of a content 
provider and the dissemination of such content to third 
parties; but shall exclude
          1. Platforms that offer journalistic or editorial 
        content (not including editorial decisions by online 
        platforms to rank and organize third party content), 
        unless they are owned or operated by a foreign 
        government, or in such cases that an excepted platform 
        publishes content that is assessed to be the result of 
        a foreign influence campaign; and
          2. Online service providers at layers of the internet 
        infrastructure other than the application layer, and 
        cloud IT infrastructure service providers.
    The term ``targeted violence'' means any incident of 
violence in which an attacker selects a particular target prior 
to the incident of violence so as to suggest an intent to 
inflict mass injury or death and may be an act of domestic 
terrorism or international terrorism, or an attack that 
otherwise lacks a clearly discernible political or ideological 
motivation, such as the June 12, 2016, nightclub mass shooting 
in Orlando, Florida, the October 1, 2017, attack on concert-
goers at a music festival in Las Vegas, Nevada, and the August 
3, 2019, mass shooting at a store in El Paso, Texas.

Pandemic Work Life Balance

    The Committee takes a strong interest in ensuring the IC is 
adequately prepared for future public health or other crises--
including with respect to initiatives intended to ensure the 
safety of the IC workforce. Since the start of the novel 
coronavirus pandemic (COVID-19), social distancing and work-
from-home measures were unable to be applied throughout the IC 
due to numerous security requirements governing the usage of 
classified information. The Committee recognizes that the IC 
took quick, adaptive measures, such as staggered shifts for its 
employees and facility procedural changes to reduce airborne 
transmission.
    As COVID-19 continues to cause extraordinary harms 
throughout the nation and the globe, the Committee is concerned 
that the IC may not be able to effectively accommodate the 
increased needs of its personnel outside of the workplace that 
arise as a result of this and future crises. Some of these 
needs include, for example, those relating to telework and 
transportation; emotional, behavioral, and mental health 
services; childcare; and ensuring benefit coverage for 
dependents and caregivers.
    Therefore, the Committee directs the heads of elements of 
the Intelligence Community, jointly with the Director of 
National Intelligence and by no later than June 1, 2021, to 
submit to the Committee:
          1. A written report on the impacts of COVID-19 on the 
        IC workforce; and
          2. A written long-term strategy to prepare for such 
        impacts in future crises.
    The Committee further directs that, not later than 30 days 
after submitting both reports to the Committee, the Director of 
National Intelligence shall brief their findings to the 
Committee.

Secured Access to State-of-the-Art Microelectronics

    Continued U.S. leadership in microelectronics is necessary 
to maintain its advantage in artificial intelligence, and 
essential for its national security. The Intelligence Community 
must also maintain trusted access to commercially produced 
microelectronics to remain competitive, but it must do so in 
the context of an increasingly globalized and capital-intensive 
microelectronics supply chain over which it has limited 
influence.
    The Committee believes that maintaining an edge in 
microelectronics will require the intelligence community to 
pursue a concerted, multipronged effort that will include 
partnering closely with the private sector to maintain a secure 
supply chain, pursuing research into new computing paradigms, 
and supporting U.S. commercial innovation in strategically 
important parts of the microelectronics sector. Furthermore, 
given the IC's role as a minority customer for 
microelectronics, the IC should carefully coordinate its 
efforts with the Department of Defense and other U.S. 
government agencies.
    Therefore, the Committee directs the Director of National 
Intelligence to brief the congressional intelligence 
committees, by February 1, 2021, on:
          1. The status and future plans of the Intelligence 
        Community's efforts to assure secured access to 
        microelectronics, both for standard commercial products 
        and for niche Intelligence Community requirements;
          2. Progress by the Intelligence Advanced Research 
        Projects Activity towards the initiation of a full 
        research and development program into next-generation 
        microelectronics that will extend advancements beyond 
        the end of Moore's law;
          3. The feasibility of establishing an investment fund 
        to pursue strategic investments in commercial companies 
        innovating in areas relevant to the IC and to U.S. 
        national security; and
          4. The IC's efforts to coordinate with other U.S. 
        government agencies on microelectronics efforts.

              Committee Consideration and Roll Call Votes

    On July 31, 2020, the Committee met in open session to 
consider H.R. 7856 and ordered the bill favorably reported.
    In open session, the Committee considered an amendment 
offered by Mr. Nunes to H.R. 7856. The motion failed by a 
recorded vote of 8 ayes to 11 noes:
          Voting aye: Nunes; Conaway; Turner; Wenstrup; 
        Stewart; Crawford; Stefanik; Hurd
          Voting no: Schiff; Himes; Sewell; Carson; Quigley; 
        Swalwell; Castro; Heck; Maloney; Demings; 
        Krishnamoorthi
    Mr. Schiff then moved, pursuant to House Rule X, clause 
11(d)(2) that the meeting be closed because testimony, 
evidence, or other matters to be discussed would endanger 
national security. The motion was agreed to by a recorded vote 
of 19 ayes to 0 noes:
          Voting aye: Schiff; Himes; Sewell; Carson; Quigley; 
        Swalwell; Castro; Heck; Maloney; Demings; 
        Krishnamoorthi; Nunes; Conaway; Turner; Wenstrup; 
        Stewart; Crawford; Stefanik; Hurd
          Voting no: None
    Following closed discussion, the Committee considered two 
amendments offered by Mr. Nunes to the Classified Annex to H.R. 
7856. Both failed by voice vote.
    The Committee then considered amendment 3 offered by Mr. 
Nunes to the Classified Annex to H.R. 7856. The amendment was 
agreed to by voice vote.
    Finally, the Committee voted to favorably report H.R. 7856, 
as amended, to the House, including by reference the classified 
schedule of authorizations. The motion was agreed to by a 
recorded vote of 11 ayes.
          Voting aye: Schiff; Himes; Sewell; Carson; Quigley; 
        Swalwell; Castro; Heck; Maloney; Demings; 
        Krishnamoorthi
          Voting no: Nunes; Conaway; Turner; Wenstrup; Stewart; 
        Crawford; Stefanik; Hurd

                 Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee held multiple 
hearings on the classified budgetary issues raised by H.R. 
7856. The bill, as reported by the Committee, reflects 
conclusions reached by the Committee in light of this oversight 
activity.

                General Performance Goals and Objectives

    The goals and objectives of H.R. 7856 are to authorize the 
intelligence and intelligence-related activities of the United 
States for Fiscal Year 2021. These activities enhance the 
national security of the United States, support and assist the 
armed forces of the United States, and support the President in 
the execution of the foreign policy of the United States.
    The classified annex that accompanies this report reflects 
in great detail the Committee's specific performance goals and 
objectives at the programmatic level with respect to classified 
programs.

                  Statement on Congressional Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee states that the bill as 
reported contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                     NATIONAL SECURITY ACT OF 1947


Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

                            TABLE OF CONTENTS

               Title I--Coordination for National Security

     * * * * * * *
Sec. 108B. Annual reports on world-wide threats.
     * * * * * * *

                        Title III--Miscellaneous

     * * * * * * *
[Sec. 304. Reporting of certain employment activities by former 
          intelligence officers and employees.]
Sec. 304. Requirements for certain employment activities by former 
          intelligence officers and employees.
Sec. 305. Paid serious health condition leave.
     * * * * * * *

           Title V--Accountability for Intelligence Activities

     * * * * * * *
Sec. 503A. Quarterly reports on cyber intelligence, surveillance, and 
          reconnaissance activities of the Department of Defense.
     * * * * * * *
513. Notice of provision of support for Federal, State, local, or Tribal 
          government response to civil disobedience or domestic civil 
          disturbances.
     * * * * * * *

         TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

                   Subtitle A--Science and Technology

     * * * * * * *
Sec. 1002. Framework for cross-disciplinary education and training.
Sec. 1003. Improvement of education in science, technology, engineering, 
          arts, and mathematics.
     * * * * * * *

                       TITLE XI--OTHER PROVISIONS

     * * * * * * *
[Sec. 1104. Prohibited personnel practices in the intelligence 
          community.]
     * * * * * * *
[Sec. 1106. Inspector General external review panel.]
     * * * * * * *
Sec. 1107A. Annual reports on security services of the People's Republic 
          of China in the Hong Kong Special Administrative Region.
     * * * * * * *
Sec. 1109. Requirement to buy certain satellite component from American 
          sources.
Sec. 1110. Annual reports on research and development for scientific and 
          technological advancements.
Sec. 1111. Annual intelligence assessments on relationship between women 
          and violent extremism.
Sec. 1112. Report on best practices to protect privacy, civil liberties, 
          and civil rights of Chinese Americans.

   TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE 
                         INTELLIGENCE COMMUNITY

                     SUBTITLE A--INSPECTORS GENERAL

Sec. 1201. Independence of inspectors general.
Sec. 1203. Designation of acting Inspectors General of the intelligence 
          community in cases of vacancies.
Sec. 1205. Determination of matters of urgent concern.
Sec. 1207. Coordination with other provisions of law.

               SUBTITLE B--PROTECTIONS FOR WHISTLEBLOWERS

Sec. 1221. Prohibited personnel practices in the intelligence community.
Sec. 1223. Limitation on sharing of intelligence community whistleblower 
          complaints with persons named in such complaints.
Sec. 1225. Inspector General external review panel.
Sec. 1227. Procedures regarding disclosures to Congress.

           *       *       *       *       *       *       *


                              DEFINITIONS

  Sec. 3. As used in this Act:
          (1) The term ``intelligence'' includes foreign 
        intelligence and counterintelligence.
          (2) The term ``foreign intelligence'' means 
        information relating to the capabilities, intentions, 
        or activities of foreign governments or elements 
        thereof, foreign organizations, or foreign persons, or 
        international terrorist activities.
          (3) The term ``counterintelligence'' means 
        information gathered, and activities conducted, to 
        protect against espionage, other intelligence 
        activities, sabotage, or assassinations conducted by or 
        on behalf of foreign governments or elements thereof, 
        foreign organizations, or foreign persons, or 
        international terrorist activities.
          (4) The term ``intelligence community'' includes the 
        following:
                  (A) The Office of the Director of National 
                Intelligence.
                  (B) The Central Intelligence Agency.
                  (C) The National Security Agency.
                  (D) The Defense Intelligence Agency.
                  (E) The National Geospatial-Intelligence 
                Agency.
                  (F) The National Reconnaissance Office.
                  (G) Other offices within the Department of 
                Defense for the collection of specialized 
                national intelligence through reconnaissance 
                programs.
                  (H) The intelligence elements of the Army, 
                the Navy, the Air Force, the Marine Corps, the 
                Coast Guard, the Federal Bureau of 
                Investigation, the Drug Enforcement 
                Administration, and the Department of Energy.
                  (I) The Bureau of Intelligence and Research 
                of the Department of State.
                  (J) The Office of Intelligence and Analysis 
                of the Department of the Treasury.
                  (K) The Office of Intelligence and Analysis 
                of the Department of Homeland Security.
                  (L) Such other elements of any department or 
                agency as may be designated by the President, 
                or designated jointly by the Director of 
                National Intelligence and the head of the 
                department or agency concerned, as an element 
                of the intelligence community.
          (5) The terms ``national intelligence'' and 
        ``intelligence related to national security'' refer to 
        all intelligence, regardless of the source from which 
        derived and including information gathered within or 
        outside the United States, that--
                  (A) pertains, as determined consistent with 
                any guidance issued by the President, to more 
                than one United States Government agency; and
                  (B) that involves--
                          (i) threats to the United States, its 
                        people, property, or interests;
                          (ii) the development, proliferation, 
                        or use of weapons of mass destruction; 
                        or
                          (iii) any other matter bearing on 
                        United States national or homeland 
                        security.
          (6) The term ``National Intelligence Program'' refers 
        to all programs, projects, and activities of the 
        intelligence community, as well as any other programs 
        of the intelligence community designated jointly by the 
        Director of National Intelligence and the head of a 
        United States department or agency or by the President. 
        Such term does not include programs, projects, or 
        activities of the military departments to acquire 
        intelligence solely for the planning and conduct of 
        tactical military operations by United States Armed 
        Forces.
          (7) The term ``congressional intelligence 
        committees'' means--
                  (A) the Select Committee on Intelligence of 
                the Senate; and
                  (B) the Permanent Select Committee on 
                Intelligence of the House of Representatives.
          (8) The term ``covered Inspector General'' means each 
        Inspector General of an element of the intelligence 
        community, including the Inspector General of the 
        Intelligence Community.
          (9) The term ``whistleblower'' means a person who 
        makes a whistleblower disclosure.
          (10) The term ``whistleblower disclosure'' means a 
        disclosure that is protected under section 1221 of this 
        Act or section 3001(j)(1) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (50 U.S.C. 
        3341(j)).

TITLE I--COORDINATION FOR NATIONAL SECURITY

           *       *       *       *       *       *       *


     responsibilities and authorities of the director of national 
                              intelligence

  Sec. 102A. (a) Provision of Intelligence.--(1) The Director 
of National Intelligence shall be responsible for ensuring that 
national intelligence is provided--
          (A) to the President;
          (B) to the heads of departments and agencies of the 
        executive branch;
          (C) to the Chairman of the Joint Chiefs of Staff and 
        senior military commanders;
          (D) to the Senate and House of Representatives and 
        the committees thereof; and
          (E) to such other persons as the Director of National 
        Intelligence determines to be appropriate.
  (2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all 
sources available to the intelligence community and other 
appropriate entities.
  (b) Access to Intelligence.--Unless otherwise directed by the 
President, the Director of National Intelligence shall have 
access to all national intelligence and intelligence related to 
the national security which is collected by any Federal 
department, agency, or other entity, except as otherwise 
provided by law or, as appropriate, under guidelines agreed 
upon by the Attorney General and the Director of National 
Intelligence.
  (c) Budget Authorities.--(1) With respect to budget requests 
and appropriations for the National Intelligence Program, the 
Director of National Intelligence shall--
          (A) based on intelligence priorities set by the 
        President, provide to the heads of departments 
        containing agencies or organizations within the 
        intelligence community, and to the heads of such 
        agencies and organizations, guidance for developing the 
        National Intelligence Program budget pertaining to such 
        agencies and organizations;
          (B) based on budget proposals provided to the 
        Director of National Intelligence by the heads of 
        agencies and organizations within the intelligence 
        community and the heads of their respective departments 
        and, as appropriate, after obtaining the advice of the 
        Joint Intelligence Community Council, develop and 
        determine an annual consolidated National Intelligence 
        Program budget; and
          (C) present such consolidated National Intelligence 
        Program budget, together with any comments from the 
        heads of departments containing agencies or 
        organizations within the intelligence community, to the 
        President for approval.
  (2) In addition to the information provided under paragraph 
(1)(B), the heads of agencies and organizations within the 
intelligence community shall provide the Director of National 
Intelligence such other information as the Director shall 
request for the purpose of determining the annual consolidated 
National Intelligence Program budget under that paragraph.
  (3)(A) The Director of National Intelligence shall 
participate in the development by the Secretary of Defense of 
the annual budget for the Military Intelligence Program or any 
successor program or programs.
  (B) The Director of National Intelligence shall provide 
guidance for the development of the annual budget for each 
element of the intelligence community that is not within the 
National Intelligence Program.
  (4) The Director of National Intelligence shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
  (5)(A) The Director of National Intelligence shall be 
responsible for managing appropriations for the National 
Intelligence Program by directing the allotment or allocation 
of such appropriations through the heads of the departments 
containing agencies or organizations within the intelligence 
community and the Director of the Central Intelligence Agency, 
with prior notice (including the provision of appropriate 
supporting information) to the head of the department 
containing an agency or organization receiving any such 
allocation or allotment or the Director of the Central 
Intelligence Agency.
  (B) Notwithstanding any other provision of law, pursuant to 
relevant appropriations Acts for the National Intelligence 
Program, the Director of the Office of Management and Budget 
shall exercise the authority of the Director of the Office of 
Management and Budget to apportion funds, at the exclusive 
direction of the Director of National Intelligence, for 
allocation to the elements of the intelligence community 
through the relevant host executive departments and the Central 
Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or 
transfer funds appropriated for the National Intelligence 
Program in an expeditious manner.
  (C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence 
Program by the heads of the elements of the intelligence 
community that manage programs and activities that are part of 
the National Intelligence Program, which may include audits and 
evaluations.
  (6) Apportionment and allotment of funds under this 
subsection shall be subject to chapter 13 and section 1517 of 
title 31, United States Code, and the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
  (7)(A) The Director of National Intelligence shall provide a 
semi-annual report, beginning April 1, 2005, and ending April 
1, 2007, to the President and the Congress regarding 
implementation of this section.
  (B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after 
learning of any instance in which a departmental comptroller 
acts in a manner inconsistent with the law (including permanent 
statutes, authorization Acts, and appropriations Acts), or the 
direction of the Director of National Intelligence, in carrying 
out the National Intelligence Program.
  (d) Role of Director of National Intelligence in Transfer and 
Reprogramming of Funds.--(1)(A) No funds made available under 
the National Intelligence Program may be transferred or 
reprogrammed without the prior approval of the Director of 
National Intelligence, except in accordance with procedures 
prescribed by the Director of National Intelligence.
  (B) The Secretary of Defense shall consult with the Director 
of National Intelligence before transferring or reprogramming 
funds made available under the Military Intelligence Program or 
any successor program or programs.
  (2) Subject to the succeeding provisions of this subsection, 
the Director of National Intelligence may transfer or reprogram 
funds appropriated for a program within the National 
Intelligence Program--
          (A) to another such program;
          (B) to other departments or agencies of the United 
        States Government for the development and fielding of 
        systems of common concern related to the collection, 
        processing, analysis, exploitation, and dissemination 
        of intelligence information; or
          (C) to a program funded by appropriations not within 
        the National Intelligence Program to address critical 
        gaps in intelligence information sharing or access 
        capabilities.
  (3) The Director of National Intelligence may only transfer 
or reprogram funds referred to in paragraph (1)(A)--
          (A) with the approval of the Director of the Office 
        of Management and Budget; and
          (B) after consultation with the heads of departments 
        containing agencies or organizations within the 
        intelligence community to the extent such agencies or 
        organizations are affected, and, in the case of the 
        Central Intelligence Agency, after consultation with 
        the Director of the Central Intelligence Agency.
  (4) The amounts available for transfer or reprogramming in 
the National Intelligence Program in any given fiscal year, and 
the terms and conditions governing such transfers and 
reprogrammings, are subject to the provisions of annual 
appropriations Acts and this subsection.
  (5)(A) A transfer or reprogramming of funds may be made under 
this subsection only if--
          (i) the funds are being transferred to an activity 
        that is a higher priority intelligence activity;
          (ii) the transfer or reprogramming supports an 
        emergent need, improves program effectiveness, or 
        increases efficiency;
          (iii) the transfer or reprogramming does not involve 
        a transfer or reprogramming of funds to a Reserve for 
        Contingencies of the Director of National Intelligence 
        or the Reserve for Contingencies of the Central 
        Intelligence Agency;
          (iv) the transfer or reprogramming results in a 
        cumulative transfer or reprogramming of funds out of 
        any department or agency, as appropriate, funded in the 
        National Intelligence Program in a single fiscal year--
                  (I) that is less than $150,000,000, and
                  (II) that is less than 5 percent of amounts 
                available to a department or agency under the 
                National Intelligence Program; and
          (v) the transfer or reprogramming does not terminate 
        an acquisition program.
  (B) A transfer or reprogramming may be made without regard to 
a limitation set forth in clause (iv) or (v) of subparagraph 
(A) if the transfer has the concurrence of the head of the 
department involved or the Director of the Central Intelligence 
Agency (in the case of the Central Intelligence Agency). The 
authority to provide such concurrence may only be delegated by 
the head of the department involved or the Director of the 
Central Intelligence Agency (in the case of the Central 
Intelligence Agency) to the deputy of such officer.
  (6) Funds transferred or reprogrammed under this subsection 
shall remain available for the same period as the 
appropriations account to which transferred or reprogrammed.
  (7) Any transfer or reprogramming of funds under this 
subsection shall be carried out in accordance with existing 
procedures applicable to reprogramming notifications for the 
appropriate congressional committees. Any proposed transfer or 
reprogramming for which notice is given to the appropriate 
congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer or reprogramming 
and how it satisfies the requirements of this subsection. In 
addition, the congressional intelligence committees shall be 
promptly notified of any transfer or reprogramming of funds 
made pursuant to this subsection in any case in which the 
transfer or reprogramming would not have otherwise required 
reprogramming notification under procedures in effect as of the 
date of the enactment of this subsection.
  (e) Transfer of Personnel.--(1)(A) In addition to any other 
authorities available under law for such purposes, in the first 
twelve months after establishment of a new national 
intelligence center, the Director of National Intelligence, 
with the approval of the Director of the Office of Management 
and Budget and in consultation with the congressional 
committees of jurisdiction referred to in subparagraph (B), may 
transfer not more than 100 personnel authorized for elements of 
the intelligence community to such center.
  (B) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) the Committees on Appropriations of the Senate 
        and the House of Representatives;
          (iii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iv) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (C) The Director shall include in any notice under 
subparagraph (B) an explanation of the nature of the transfer 
and how it satisfies the requirements of this subsection.
  (2)(A) The Director of National Intelligence, with the 
approval of the Director of the Office of Management and Budget 
and in accordance with procedures to be developed by the 
Director of National Intelligence and the heads of the 
departments and agencies concerned, may transfer personnel 
authorized for an element of the intelligence community to 
another such element for a period of not more than 2 years.
  (B) A transfer of personnel may be made under this paragraph 
only if--
          (i) the personnel are being transferred to an 
        activity that is a higher priority intelligence 
        activity; and
          (ii) the transfer supports an emergent need, improves 
        program effectiveness, or increases efficiency.
  (C) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
          (i) the congressional intelligence committees;
          (ii) in the case of the transfer of personnel to or 
        from the Department of Defense, the Committees on Armed 
        Services of the Senate and the House of 
        Representatives; and
          (iii) in the case of the transfer of personnel to or 
        from the Department of Justice, to the Committees on 
        the Judiciary of the Senate and the House of 
        Representatives.
  (D) The Director shall include in any notice under 
subparagraph (C) an explanation of the nature of the transfer 
and how it satisfies the requirements of this paragraph.
  (3)(A) In addition to the number of full-time equivalent 
positions authorized for the Office of the Director of National 
Intelligence for a fiscal year, there is authorized for such 
Office for each fiscal year an additional 100 full-time 
equivalent positions that may be used only for the purposes 
described in subparagraph (B).
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence may use a full-time equivalent position 
authorized under subparagraph (A) only for the purpose of 
providing a temporary transfer of personnel made in accordance 
with paragraph (2) to an element of the intelligence community 
to enable such element to increase the total number of 
personnel authorized for such element, on a temporary basis--
          (i) during a period in which a permanent employee of 
        such element is absent to participate in critical 
        language training; or
          (ii) to accept a permanent employee of another 
        element of the intelligence community to provide 
        language-capable services.
  (C) Paragraph (2)(B) shall not apply with respect to a 
transfer of personnel made under subparagraph (B).
  (D) For each of the fiscal years 2010, 2011, and 2012, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees an annual report on the 
use of authorities under this paragraph. Each such report shall 
include a description of--
          (i) the number of transfers of personnel made by the 
        Director pursuant to subparagraph (B), disaggregated by 
        each element of the intelligence community;
          (ii) the critical language needs that were fulfilled 
        or partially fulfilled through the use of such 
        transfers; and
          (iii) the cost to carry out subparagraph (B).
  (4) It is the sense of Congress that--
          (A) the nature of the national security threats 
        facing the United States will continue to challenge the 
        intelligence community to respond rapidly and flexibly 
        to bring analytic resources to bear against emerging 
        and unforeseen requirements;
          (B) both the Office of the Director of National 
        Intelligence and any analytic centers determined to be 
        necessary should be fully and properly supported with 
        appropriate levels of personnel resources and that the 
        President's yearly budget requests adequately support 
        those needs; and
          (C) the President should utilize all legal and 
        administrative discretion to ensure that the Director 
        of National Intelligence and all other elements of the 
        intelligence community have the necessary resources and 
        procedures to respond promptly and effectively to 
        emerging and unforeseen national security challenges.
  (f) Tasking and Other Authorities.--(1)(A) The Director of 
National Intelligence shall--
          (i) establish objectives, priorities, and guidance 
        for the intelligence community to ensure timely and 
        effective collection, processing, analysis, and 
        dissemination (including access by users to collected 
        data consistent with applicable law and, as 
        appropriate, the guidelines referred to in subsection 
        (b) and analytic products generated by or within the 
        intelligence community) of national intelligence;
          (ii) determine requirements and priorities for, and 
        manage and direct the tasking of, collection, analysis, 
        production, and dissemination of national intelligence 
        by elements of the intelligence community, including--
                  (I) approving requirements (including those 
                requirements responding to needs provided by 
                consumers) for collection and analysis; and
                  (II) resolving conflicts in collection 
                requirements and in the tasking of national 
                collection assets of the elements of the 
                intelligence community; and
          (iii) provide advisory tasking to intelligence 
        elements of those agencies and departments not within 
        the National Intelligence Program.
          (B) The authority of the Director of National 
        Intelligence under subparagraph (A) includes 
        coordinating and supervising activities undertaken by 
        elements of the intelligence community for the purpose 
        of protecting the United States from any foreign 
        interference in elections in the United States.
  [(B)] (C) The authority of the Director of National 
Intelligence under subparagraph (A) shall not apply--
          (i) insofar as the President so directs;
          (ii) with respect to clause (ii) of subparagraph (A), 
        insofar as the Secretary of Defense exercises tasking 
        authority under plans or arrangements agreed upon by 
        the Secretary of Defense and the Director of National 
        Intelligence; or
          (iii) to the direct dissemination of information to 
        State government and local government officials and 
        private sector entities pursuant to sections 201 and 
        892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 
        482).
  (2) The Director of National Intelligence shall oversee the 
National Counterterrorism Center, the National 
Counterproliferation Center, and the National 
Counterintelligence and Security Center and may establish such 
other national intelligence centers as the Director determines 
necessary.
  (3)(A) The Director of National Intelligence shall prescribe, 
in consultation with the heads of other agencies or elements of 
the intelligence community, and the heads of their respective 
departments, personnel policies and programs applicable to the 
intelligence community that--
          (i) encourage and facilitate assignments and details 
        of personnel to national intelligence centers, and 
        between elements of the intelligence community;
          (ii) set standards for education, training, and 
        career development of personnel of the intelligence 
        community;
          (iii) encourage and facilitate the recruitment and 
        retention by the intelligence community of highly 
        qualified individuals for the effective conduct of 
        intelligence activities;
          (iv) ensure that the personnel of the intelligence 
        community are sufficiently diverse for purposes of the 
        collection and analysis of intelligence through the 
        recruitment and training of women, minorities, and 
        individuals with diverse ethnic, cultural, and 
        linguistic backgrounds;
          (v) make service in more than one element of the 
        intelligence community a condition of promotion to such 
        positions within the intelligence community as the 
        Director shall specify; and
          (vi) ensure the effective management of intelligence 
        community personnel who are responsible for 
        intelligence community-wide matters.
  (B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable 
to members of the uniformed services.
  (4) The Director of National Intelligence shall ensure 
compliance with the Constitution and laws of the United States 
by the Central Intelligence Agency and shall ensure such 
compliance by other elements of the intelligence community 
through the host executive departments that manage the programs 
and activities that are part of the National Intelligence 
Program.
  (5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
  (6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence 
information to be collected under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide 
assistance to the Attorney General to ensure that information 
derived from electronic surveillance or physical searches under 
that Act is disseminated so it may be used efficiently and 
effectively for national intelligence purposes, except that the 
Director shall have no authority to direct or undertake 
electronic surveillance or physical search operations pursuant 
to that Act unless authorized by statute or Executive order.
  (7)(A) The Director of National Intelligence shall, if the 
Director determines it is necessary, or may, if requested by a 
congressional intelligence committee, conduct an accountability 
review of an element of the intelligence community or the 
personnel of such element in relation to a failure or 
deficiency within the intelligence community.
  (B) The Director of National Intelligence, in consultation 
with the Attorney General, shall establish guidelines and 
procedures for conducting an accountability review under 
subparagraph (A).
  (C)(i) The Director of National Intelligence shall provide 
the findings of an accountability review conducted under 
subparagraph (A) and the Director's recommendations for 
corrective or punitive action, if any, to the head of the 
applicable element of the intelligence community. Such 
recommendations may include a recommendation for dismissal of 
personnel.
  (ii) If the head of such element does not implement a 
recommendation made by the Director under clause (i), the head 
of such element shall submit to the congressional intelligence 
committees a notice of the determination not to implement the 
recommendation, including the reasons for the determination.
  (D) The requirements of this paragraph shall not be construed 
to limit any authority of the Director of National Intelligence 
under subsection (m) or with respect to supervision of the 
Central Intelligence Agency.
  (8) The Director of National Intelligence shall perform such 
other functions as the President may direct.
  (9) Nothing in this title shall be construed as affecting the 
role of the Department of Justice or the Attorney General under 
the Foreign Intelligence Surveillance Act of 1978.
  (g) Intelligence Information Sharing.--(1) The Director of 
National Intelligence shall have principal authority to ensure 
maximum availability of and access to intelligence information 
within the intelligence community consistent with national 
security requirements. The Director of National Intelligence 
shall--
          (A) establish uniform security standards and 
        procedures;
          (B) establish common information technology 
        standards, protocols, and interfaces;
          (C) ensure development of information technology 
        systems that include multi-level security and 
        intelligence integration capabilities;
          (D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence 
        information and the need to protect intelligence 
        sources and methods;
          (E) develop an enterprise architecture for the 
        intelligence community and ensure that elements of the 
        intelligence community comply with such architecture;
          (F) have procurement approval authority over all 
        enterprise architecture-related information technology 
        items funded in the National Intelligence Program; and
          (G) in accordance with Executive Order No. 13526 (75 
        Fed. Reg. 707; relating to classified national security 
        information) (or any subsequent corresponding executive 
        order), and part 2001 of title 32, Code of Federal 
        Regulations (or any subsequent corresponding 
        regulation), establish--
                  (i) guidance to standardize, in appropriate 
                cases, the formats for classified and 
                unclassified intelligence products created by 
                elements of the intelligence community for 
                purposes of promoting the sharing of 
                intelligence products; and
                  (ii) policies and procedures requiring the 
                increased use, in appropriate cases, and 
                including portion markings, of the 
                classification of portions of information 
                within one intelligence product.
  (2) The President shall ensure that the Director of National 
Intelligence has all necessary support and authorities to fully 
and effectively implement paragraph (1).
  (3) Except as otherwise directed by the President or with the 
specific written agreement of the head of the department or 
agency in question, a Federal agency or official shall not be 
considered to have met any obligation to provide any 
information, report, assessment, or other material (including 
unevaluated intelligence information) to that department or 
agency solely by virtue of having provided that information, 
report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
  (4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or 
practice that the Director believes impedes the ability of the 
Director to fully and effectively ensure maximum availability 
of access to intelligence information within the intelligence 
community consistent with the protection of the national 
security of the United States.
  (h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national 
security needs, the Director of National Intelligence shall--
          (1) implement policies and procedures--
                  (A) to encourage sound analytic methods and 
                tradecraft throughout the elements of the 
                intelligence community;
                  (B) to ensure that analysis is based upon all 
                sources available; and
                  (C) to ensure that the elements of the 
                intelligence community regularly conduct 
                competitive analysis of analytic products, 
                whether such products are produced by or 
                disseminated to such elements;
          (2) ensure that resource allocation for intelligence 
        analysis is appropriately proportional to resource 
        allocation for intelligence collection systems and 
        operations in order to maximize analysis of all 
        collected data;
          (3) ensure that differences in analytic judgment are 
        fully considered and brought to the attention of 
        policymakers; and
          (4) ensure that sufficient relationships are 
        established between intelligence collectors and 
        analysts to facilitate greater understanding of the 
        needs of analysts.
  (i) Protection of Intelligence Sources and Methods.--(1) The 
Director of National Intelligence shall protect intelligence 
sources and methods from unauthorized disclosure.
  (2) Consistent with paragraph (1), in order to maximize the 
dissemination of intelligence, the Director of National 
Intelligence shall establish and implement guidelines for the 
intelligence community for the following purposes:
          (A) Classification of information under applicable 
        law, Executive orders, or other Presidential 
        directives.
          (B) Access to and dissemination of intelligence, both 
        in final form and in the form when initially gathered.
          (C) Preparation of intelligence products in such a 
        way that source information is removed to allow for 
        dissemination at the lowest level of classification 
        possible or in unclassified form to the extent 
        practicable.
  (3) The Director may only delegate a duty or authority given 
the Director under this subsection to the Principal Deputy 
Director of National Intelligence.
  (j) Uniform Procedures for Classified Information.--The 
Director of National Intelligence, subject to the direction of 
the President, shall--
          (1) establish uniform standards and procedures for 
        the grant of access to sensitive compartmented 
        information to any officer or employee of any agency or 
        department of the United States and to employees of 
        contractors of those agencies or departments;
          (2) ensure the consistent implementation of those 
        standards and procedures throughout such agencies and 
        departments;
          (3) ensure that security clearances granted by 
        individual elements of the intelligence community are 
        recognized by all elements of the intelligence 
        community, and under contracts entered into by those 
        agencies;
          (4) ensure that the process for investigation and 
        adjudication of an application for access to sensitive 
        compartmented information is performed in the most 
        expeditious manner possible consistent with applicable 
        standards for national security;
          (5) ensure that the background of each employee or 
        officer of an element of the intelligence community, 
        each contractor to an element of the intelligence 
        community, and each individual employee of such a 
        contractor who has been determined to be eligible for 
        access to classified information is monitored on a 
        continual basis under standards developed by the 
        Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such 
        employee or officer of an element of the intelligence 
        community, such contractor, or such individual employee 
        to such a contractor to determine whether such employee 
        or officer of an element of the intelligence community, 
        such contractor, and such individual employee of such a 
        contractor continues to meet the requirements for 
        eligibility for access to classified information; and
          (6) develop procedures to require information sharing 
        between elements of the intelligence community 
        concerning potentially derogatory security information 
        regarding an employee or officer of an element of the 
        intelligence community, a contractor to an element of 
        the intelligence community, or an individual employee 
        of such a contractor that may impact the eligibility of 
        such employee or officer of an element of the 
        intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.
  (k) Coordination With Foreign Governments.--Under the 
direction of the President and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the Director of National Intelligence shall oversee the 
coordination of the relationships between elements of the 
intelligence community and the intelligence or security 
services of foreign governments or international organizations 
on all matters involving intelligence related to the national 
security or involving intelligence acquired through clandestine 
means.
  (l) Enhanced Personnel Management.--(1)(A) The Director of 
National Intelligence shall, under regulations prescribed by 
the Director, provide incentives for personnel of elements of 
the intelligence community to serve--
          (i) on the staff of the Director of National 
        Intelligence;
          (ii) on the staff of the national intelligence 
        centers;
          (iii) on the staff of the National Counterterrorism 
        Center; and
          (iv) in other positions in support of the 
        intelligence community management functions of the 
        Director.
  (B) Incentives under subparagraph (A) may include financial 
incentives, bonuses, and such other awards and incentives as 
the Director considers appropriate.
  (2)(A) Notwithstanding any other provision of law, the 
personnel of an element of the intelligence community who are 
assigned or detailed under paragraph (1)(A) to service under 
the Director of National Intelligence shall be promoted at 
rates equivalent to or better than personnel of such element 
who are not so assigned or detailed.
  (B) The Director may prescribe regulations to carry out this 
paragraph.
  (3)(A) The Director of National Intelligence shall prescribe 
mechanisms to facilitate the rotation of personnel of the 
intelligence community through various elements of the 
intelligence community in the course of their careers in order 
to facilitate the widest possible understanding by such 
personnel of the variety of intelligence requirements, methods, 
users, and capabilities.
  (B) The mechanisms prescribed under subparagraph (A) may 
include the following:
          (i) The establishment of special occupational 
        categories involving service, over the course of a 
        career, in more than one element of the intelligence 
        community.
          (ii) The provision of rewards for service in 
        positions undertaking analysis and planning of 
        operations involving two or more elements of the 
        intelligence community.
          (iii) The establishment of requirements for 
        education, training, service, and evaluation for 
        service involving more than one element of the 
        intelligence community.
  (C) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent 
practical, seek to duplicate for civilian personnel within the 
intelligence community the joint officer management policies 
established by chapter 38 of title 10, United States Code, and 
the other amendments made by title IV of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433).
  (D) The mechanisms prescribed under subparagraph (A) and any 
other policies of the Director--
          (i) may not require an employee of an office of 
        inspector general for an element of the intelligence 
        community, including the Office of the Inspector 
        General of the Intelligence Community, to rotate to a 
        position in an office or organization of such an 
        element over which such office of inspector general 
        exercises jurisdiction; and
          (ii) shall be implemented in a manner that exempts 
        employees of an office of inspector general from a 
        rotation that may impact the independence of such 
        office.
  (4)(A) Except as provided in subparagraph (B) and 
subparagraph (D), this subsection shall not apply with respect 
to personnel of the elements of the intelligence community who 
are members of the uniformed services.
  (B) Mechanisms that establish requirements for education and 
training pursuant to paragraph (3)(B)(iii) may apply with 
respect to members of the uniformed services who are assigned 
to an element of the intelligence community funded through the 
National Intelligence Program, but such mechanisms shall not be 
inconsistent with personnel policies and education and training 
requirements otherwise applicable to members of the uniformed 
services.
  (C) The personnel policies and programs developed and 
implemented under this subsection with respect to law 
enforcement officers (as that term is defined in section 
5541(3) of title 5, United States Code) shall not affect the 
ability of law enforcement entities to conduct operations or, 
through the applicable chain of command, to control the 
activities of such law enforcement officers.
  (D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall 
be considered a joint-duty assignment for purposes of the joint 
officer management policies prescribed by chapter 38 of title 
10, United States Code, and other provisions of that title.
  (m) Additional Authority With Respect to Personnel.--(1) In 
addition to the authorities under subsection (f)(3), the 
Director of National Intelligence may exercise with respect to 
the personnel of the Office of the Director of National 
Intelligence any authority of the Director of the Central 
Intelligence Agency with respect to the personnel of the 
Central Intelligence Agency under the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment 
of this subsection to the same extent, and subject to the same 
conditions and limitations, that the Director of the Central 
Intelligence Agency may exercise such authority with respect to 
personnel of the Central Intelligence Agency.
  (2) Employees and applicants for employment of the Office of 
the Director of National Intelligence shall have the same 
rights and protections under the Office of the Director of 
National Intelligence as employees of the Central Intelligence 
Agency have under the Central Intelligence Agency Act of 1949, 
and other applicable provisions of law, as of the date of the 
enactment of this subsection.
  (n) Acquisition and Other Authorities.--(1) In carrying out 
the responsibilities and authorities under this section, the 
Director of National Intelligence may exercise the acquisition 
and appropriations authorities referred to in the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other 
than the authorities referred to in section 8(b) of that Act 
(50 U.S.C. 403j(b)).
  (2) For the purpose of the exercise of any authority referred 
to in paragraph (1), a reference to the head of an agency shall 
be deemed to be a reference to the Director of National 
Intelligence or the Principal Deputy Director of National 
Intelligence.
  (3)(A) Any determination or decision to be made under an 
authority referred to in paragraph (1) by the head of an agency 
may be made with respect to individual purchases and contracts 
or with respect to classes of purchases or contracts, and shall 
be final.
  (B) Except as provided in subparagraph (C), the Director of 
National Intelligence or the Principal Deputy Director of 
National Intelligence may, in such official's discretion, 
delegate to any officer or other official of the Office of the 
Director of National Intelligence any authority to make a 
determination or decision as the head of the agency under an 
authority referred to in paragraph (1).
  (C) The limitations and conditions set forth in section 3(d) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403c(d)) shall apply to the exercise by the Director of 
National Intelligence of an authority referred to in paragraph 
(1).
  (D) Each determination or decision required by an authority 
referred to in the second sentence of section 3(d) of the 
Central Intelligence Agency Act of 1949 shall be based upon 
written findings made by the official making such determination 
or decision, which findings shall be final and shall be 
available within the Office of the Director of National 
Intelligence for a period of at least six years following the 
date of such determination or decision.
  (4)(A) In addition to the authority referred to in paragraph 
(1), the Director of National Intelligence may authorize the 
head of an element of the intelligence community to exercise an 
acquisition authority referred to in section 3 or 8(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 
403j(a)) for an acquisition by such element that is more than 
50 percent funded under the National Intelligence Program.
  (B) The head of an element of the intelligence community may 
not exercise an authority referred to in subparagraph (A) 
until--
          (i) the head of such element (without delegation) 
        submits to the Director of National Intelligence a 
        written request that includes--
                  (I) a description of such authority requested 
                to be exercised;
                  (II) an explanation of the need for such 
                authority, including an explanation of the 
                reasons that other authorities are 
                insufficient; and
                  (III) a certification that the mission of 
                such element would be--
                          (aa) impaired if such authority is 
                        not exercised; or
                          (bb) significantly and measurably 
                        enhanced if such authority is 
                        exercised; and
          (ii) the Director of National Intelligence issues a 
        written authorization that includes--
                  (I) a description of the authority referred 
                to in subparagraph (A) that is authorized to be 
                exercised; and
                  (II) a justification to support the exercise 
                of such authority.
  (C) A request and authorization to exercise an authority 
referred to in subparagraph (A) may be made with respect to an 
individual acquisition or with respect to a specific class of 
acquisitions described in the request and authorization 
referred to in subparagraph (B).
  (D)(i) A request from a head of an element of the 
intelligence community located within one of the departments 
described in clause (ii) to exercise an authority referred to 
in subparagraph (A) shall be submitted to the Director of 
National Intelligence in accordance with any procedures 
established by the head of such department.
  (ii) The departments described in this clause are the 
Department of Defense, the Department of Energy, the Department 
of Homeland Security, the Department of Justice, the Department 
of State, and the Department of the Treasury.
  (E)(i) The head of an element of the intelligence community 
may not be authorized to utilize an authority referred to in 
subparagraph (A) for a class of acquisitions for a period of 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize the use of such 
an authority for not more than 6 years.
  (ii) Each authorization to utilize an authority referred to 
in subparagraph (A) may be extended in accordance with the 
requirements of subparagraph (B) for successive periods of not 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize an extension 
period of not more than 6 years.
  (F) Subject to clauses (i) and (ii) of subparagraph (E), the 
Director of National Intelligence may only delegate the 
authority of the Director under subparagraphs (A) through (E) 
to the Principal Deputy Director of National Intelligence or a 
Deputy Director of National Intelligence.
  (G) The Director of National Intelligence shall submit--
          (i) to the congressional intelligence committees a 
        notification of an authorization to exercise an 
        authority referred to in subparagraph (A) or an 
        extension of such authorization that includes the 
        written authorization referred to in subparagraph 
        (B)(ii); and
          (ii) to the Director of the Office of Management and 
        Budget a notification of an authorization to exercise 
        an authority referred to in subparagraph (A) for an 
        acquisition or class of acquisitions that will exceed 
        $50,000,000 annually.
  (H) Requests and authorizations to exercise an authority 
referred to in subparagraph (A) shall remain available within 
the Office of the Director of National Intelligence for a 
period of at least 6 years following the date of such request 
or authorization.
  (I) Nothing in this paragraph may be construed to alter or 
otherwise limit the authority of the Central Intelligence 
Agency to independently exercise an authority under section 3 
or 8(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403c and 403j(a)).
  (o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities 
under this section, the Director of National Intelligence shall 
take into account the views of a head of a department 
containing an element of the intelligence community and of the 
Director of the Central Intelligence Agency.
  (p) Responsibility of Director of National Intelligence 
Regarding National Intelligence Program Budget Concerning the 
Department of Defense.--Subject to the direction of the 
President, the Director of National Intelligence shall, after 
consultation with the Secretary of Defense, ensure that the 
National Intelligence Program budgets for the elements of the 
intelligence community that are within the Department of 
Defense are adequate to satisfy the national intelligence needs 
of the Department of Defense, including the needs of the 
Chairman of the Joint Chiefs of Staff and the commanders of the 
unified and specified commands, and wherever such elements are 
performing Government-wide functions, the needs of other 
Federal departments and agencies.
  (q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the 
acquisition of a major system, the Director of National 
Intelligence shall--
          (A) require the development and implementation of a 
        program management plan that includes cost, schedule, 
        security risks, and performance goals and program 
        milestone criteria, except that with respect to 
        Department of Defense programs the Director shall 
        consult with the Secretary of Defense;
          (B) serve as exclusive milestone decision authority, 
        except that with respect to Department of Defense 
        programs the Director shall serve as milestone decision 
        authority jointly with the Secretary of Defense or the 
        designee of the Secretary; and
          (C) periodically--
                  (i) review and assess the progress made 
                toward the achievement of the goals and 
                milestones established in such plan; and
                  (ii) submit to Congress a report on the 
                results of such review and assessment.
  (2) If the Director of National Intelligence and the 
Secretary of Defense are unable to reach an agreement on a 
milestone decision under paragraph (1)(B), the President shall 
resolve the conflict.
  (3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate 
to any other official any authority to perform the 
responsibilities of the Director under this subsection.
  (4) In this subsection:
          (A) The term ``intelligence program'', with respect 
        to the acquisition of a major system, means a program 
        that--
                  (i) is carried out to acquire such major 
                system for an element of the intelligence 
                community; and
                  (ii) is funded in whole out of amounts 
                available for the National Intelligence 
                Program.
          (B) The term ``major system'' has the meaning given 
        such term in section 4(9) of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 403(9)).
  (r) Performance of Common Services.--The Director of National 
Intelligence shall, in consultation with the heads of 
departments and agencies of the United States Government 
containing elements within the intelligence community and with 
the Director of the Central Intelligence Agency, coordinate the 
performance by the elements of the intelligence community 
within the National Intelligence Program of such services as 
are of common concern to the intelligence community, which 
services the Director of National Intelligence determines can 
be more efficiently accomplished in a consolidated manner.
  (s) Pay Authority for Critical Positions.--(1) 
Notwithstanding any pay limitation established under any other 
provision of law applicable to employees in elements of the 
intelligence community, the Director of National Intelligence 
may, in coordination with the Director of the Office of 
Personnel Management and the Director of the Office of 
Management and Budget, grant authority to the head of a 
department or agency to fix the rate of basic pay for one or 
more positions within the intelligence community at a rate in 
excess of any applicable limitation, subject to the provisions 
of this subsection. The exercise of authority so granted is at 
the discretion of the head of the department or agency 
employing the individual in a position covered by such 
authority, subject to the provisions of this subsection and any 
conditions established by the Director of National Intelligence 
when granting such authority.
  (2) Authority under this subsection may be granted or 
exercised only--
          (A) with respect to a position that requires an 
        extremely high level of expertise and is critical to 
        successful accomplishment of an important mission; and
          (B) to the extent necessary to recruit or retain an 
        individual exceptionally well qualified for the 
        position.
  (3) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level II of the Executive Schedule under section 
5313 of title 5, United States Code, except upon written 
approval of the Director of National Intelligence or as 
otherwise authorized by law.
  (4) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level I of the Executive Schedule under section 
5312 of title 5, United States Code, except upon written 
approval of the President in response to a request by the 
Director of National Intelligence or as otherwise authorized by 
law.
  (5) Any grant of authority under this subsection for a 
position shall terminate at the discretion of the Director of 
National Intelligence.
  (6)(A) The Director of National Intelligence shall notify the 
congressional intelligence committees not later than 30 days 
after the date on which the Director grants authority to the 
head of a department or agency under this subsection.
  (B) The head of a department or agency to which the Director 
of National Intelligence grants authority under this subsection 
shall notify the congressional intelligence committees and the 
Director of the exercise of such authority not later than 30 
days after the date on which such head exercises such 
authority.
  (t) Award of Rank to Members of the Senior National 
Intelligence Service.--(1) The President, based on the 
recommendation of the Director of National Intelligence, may 
award a rank to a member of the Senior National Intelligence 
Service or other intelligence community senior civilian officer 
not already covered by such a rank award program in the same 
manner in which a career appointee of an agency may be awarded 
a rank under section 4507 of title 5, United States Code.
  (2) The President may establish procedures to award a rank 
under paragraph (1) to a member of the Senior National 
Intelligence Service or a senior civilian officer of the 
intelligence community whose identity as such a member or 
officer is classified information (as defined in section 
606(1)).
  (u) Conflict of Interest Regulations.--The Director of 
National Intelligence, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations 
prohibiting an officer or employee of an element of the 
intelligence community from engaging in outside employment if 
such employment creates a conflict of interest or appearance 
thereof.
  (v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence 
of the head of the covered department concerned and in 
consultation with the Director of the Office of Personnel 
Management, may--
          (A) convert competitive service positions, and the 
        incumbents of such positions, within an element of the 
        intelligence community in such department, to excepted 
        service positions as the Director of National 
        Intelligence determines necessary to carry out the 
        intelligence functions of such element; and
          (B) establish new positions in the excepted service 
        within an element of the intelligence community in such 
        department, if the Director of National Intelligence 
        determines such positions are necessary to carry out 
        the intelligence functions of such element.
  (2) An incumbent occupying a position on the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2012 selected to be converted to the excepted service under 
this section shall have the right to refuse such conversion. 
Once such individual no longer occupies the position, the 
position may be converted to the excepted service.
  (3) A covered department may appoint an individual to a 
position converted or established pursuant to this subsection 
without regard to the civil-service laws, including parts II 
and III of title 5, United States Code.
  (4) In this subsection, the term ``covered department'' means 
the Department of Energy, the Department of Homeland Security, 
the Department of State, or the Department of the Treasury.
  (w) Nuclear Proliferation Assessment Statements Intelligence 
Community Addendum.--The Director of National Intelligence, in 
consultation with the heads of the appropriate elements of the 
intelligence community and the Secretary of State, shall 
provide to the President, the congressional intelligence 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate an addendum to each Nuclear Proliferation Assessment 
Statement accompanying a civilian nuclear cooperation 
agreement, containing a comprehensive analysis of the country's 
export control system with respect to nuclear-related matters, 
including interactions with other countries of proliferation 
concern and the actual or suspected nuclear, dual-use, or 
missile-related transfers to such countries.
  (x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the 
head of each department of the Federal Government that contains 
an element of the intelligence community and the Director of 
the Central Intelligence Agency, shall--
          (1) ensure that--
                  (A) any contractor to an element of the 
                intelligence community with access to a 
                classified network or classified information 
                develops and operates a security plan that is 
                consistent with standards established by the 
                Director of National Intelligence for 
                intelligence community networks; and
                  (B) each contract awarded by an element of 
                the intelligence community includes provisions 
                requiring the contractor comply with such plan 
                and such standards;
          (2) conduct periodic assessments of each security 
        plan required under paragraph (1)(A) to ensure such 
        security plan complies with the requirements of such 
        paragraph; and
          (3) ensure that the insider threat detection 
        capabilities and insider threat policies of the 
        intelligence community apply to facilities of 
        contractors with access to a classified network.
  (y) Fundraising.--(1) The Director of National Intelligence 
may engage in fundraising in an official capacity for the 
benefit of nonprofit organizations that--
          (A) provide support to surviving family members of a 
        deceased employee of an element of the intelligence 
        community; or
          (B) otherwise provide support for the welfare, 
        education, or recreation of employees of an element of 
        the intelligence community, former employees of an 
        element of the intelligence community, or family 
        members of such employees.
  (2) In this subsection, the term ``fundraising'' means the 
raising of funds through the active participation in the 
promotion, production, or presentation of an event designed to 
raise funds and does not include the direct solicitation of 
money by any other means.
  (3) Not later than 7 days after the date the Director engages 
in fundraising authorized by this subsection or at the time the 
decision is made to participate in such fundraising, the 
Director shall notify the congressional intelligence committees 
of such fundraising.
  (4) The Director, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations to carry 
out the authority provided in this subsection. Such regulations 
shall ensure that such authority is exercised in a manner that 
is consistent with all relevant ethical constraints and 
principles, including the avoidance of any prohibited conflict 
of interest or appearance of impropriety.
  (z) Analyses and Impact Statements Regarding Proposed 
Investment Into the United States.--(1) Not later than 20 days 
after the completion of a review or an investigation of any 
proposed investment into the United States for which the 
Director has prepared analytic materials, the Director shall 
submit to the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the House 
of Representative copies of such analytic materials, including 
any supplements or amendments to such analysis made by the 
Director.
  (2) Not later than 60 days after the completion of 
consideration by the United States Government of any investment 
described in paragraph (1), the Director shall determine 
whether such investment will have an operational impact on the 
intelligence community, and, if so, shall submit a report on 
such impact to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of 
the House of Representatives. Each such report shall--
          (A) describe the operational impact of the investment 
        on the intelligence community; and
          (B) describe any actions that have been or will be 
        taken to mitigate such impact.

           *       *       *       *       *       *       *


                  [Director of Science and Technology

  [Sec. 103E. (a) Director of Science and Technology.--There is 
a Director of Science and Technology within the Office of the 
Director of National Intelligence who shall be appointed by the 
Director of National Intelligence.
  [(b) Requirement Relating to Appointment.--An individual 
appointed as Director of Science and Technology shall have a 
professional background and experience appropriate for the 
duties of the Director of Science and Technology.
  [(c) Duties.--The Director of Science and Technology shall--
          [(1) act as the chief representative of the Director 
        of National Intelligence for science and technology;
          [(2) chair the Director of National Intelligence 
        Science and Technology Committee under subsection (d);
          [(3) assist the Director in formulating a long-term 
        strategy for scientific advances in the field of 
        intelligence;
          [(4) assist the Director on the science and 
        technology elements of the budget of the Office of the 
        Director of National Intelligence; and
          [(5) perform other such duties as may be prescribed 
        by the Director of National Intelligence or specified 
        by law.
  [(d) Director of National Intelligence Science and Technology 
Committee.--(1) There is within the Office of the Director of 
Science and Technology a Director of National Intelligence 
Science and Technology Committee.
  [(2) The Committee shall be composed of the principal science 
officers of the National Intelligence Program.
  [(3) The Committee shall--
          [(A) coordinate advances in research and development 
        related to intelligence; and
          [(B) perform such other functions as the Director of 
        Science and Technology shall prescribe.]

SEC. 103E. DIRECTOR OF SCIENCE AND TECHNOLOGY.

  (a) Director of Science and Technology.--
          (1) Director of science and technology.--There is a 
        Director of Science and Technology within the Office of 
        the Director of National Intelligence who shall be 
        appointed by and shall report directly to the Director 
        of National Intelligence.
          (2) Qualifications for appointment.--The Director of 
        Science and Technology shall be appointed from among 
        Federal employees and shall have a professional 
        background and experience appropriate for the duties of 
        the Director of Science and Technology.
          (3) Responsibilities.--The Director of Science and 
        Technology shall be responsible for--
                  (A) leading the strategic vision for and 
                prioritization of covered activities of the 
                intelligence community; and
                  (B) providing science and technological 
                expertise for intelligence analyses conducted 
                by the intelligence community with respect to 
                covered activities of foreign adversaries, as 
                requested.
  (b) Duties.--The Director of Science and Technology shall--
          (1) act as the primary advisor to the Director of 
        National Intelligence regarding the science and 
        technology of the intelligence community;
          (2) chair the National Intelligence Science and 
        Technology Committee under subsection (c);
          (3) have access to any information relating to 
        covered activities of the intelligence community;
          (4) assist the Director of National Intelligence in 
        developing elements of the budget of the Office of the 
        Director of National Intelligence and the intelligence 
        community that relate to--
                  (A) covered activities of the intelligence 
                community; or
                  (B) covered activities of foreign 
                adversaries;
          (5) on behalf of the Director of National 
        Intelligence--
                  (A) lead the development and oversee the 
                planning of a long-term strategy for covered 
                activities of the intelligence community; and
                  (B) lead the prioritization of such 
                activities;
          (6) share knowledge to help ensure that the 
        intelligence community has the scientific and 
        technological expertise necessary to fulfill national 
        and military intelligence priorities relating to the 
        progress of foreign adversaries in covered activities; 
        and
          (7) perform other such duties as may be assigned by 
        the Director of National Intelligence or specified by 
        law.
  (c) National Intelligence Science and Technology Committee.--
          (1) Committee.--There is within the Office of the 
        Director of Science and Technology a National 
        Intelligence Science and Technology Committee, which 
        shall be chaired by the Director of Science and 
        Technology.
          (2) Composition.--The Committee shall be composed of 
        one representative from each element of the 
        intelligence community, who is--
                  (A) the principal science and technology 
                advisor to the head of the element; or
                  (B) an appropriate senior official designated 
                by the head of the element.
          (3) Coordination.--The Committee shall coordinate the 
        covered activities of the intelligence community, 
        including by--
                  (A) identifying gaps in authorities or 
                resources that impact the ability of the 
                intelligence community to advance such 
                activities;
                  (B) assisting the Director of Science and 
                Technology in developing recommendations for 
                the Director of National Intelligence on the 
                prioritization of such activities;
                  (C) assisting the Director of Science and 
                Technology in identifying changes to existing 
                programs and resources necessary for the 
                advancement of such activities;
                  (D) developing and maintaining a centralized 
                process by which the Committee may--
                          (i) document the scientific and 
                        technological needs of each element of 
                        the intelligence community;
                          (ii) document any anticipated or 
                        planned projects, programs, or related 
                        activities to address such needs; and
                          (iii) provide information and regular 
                        updates to other members of the 
                        Committee on ongoing covered activities 
                        of the intelligence community and 
                        related projects and programs 
                        (including information and updates on 
                        work sponsored at federally funded 
                        research and development centers), in 
                        order to avoid duplicative efforts 
                        among the elements of the intelligence 
                        community; and
                  (E) maintaining comprehensive and persistent 
                visibility into capabilities, assets, and 
                talents in science, technology, or engineering 
                that--
                          (i) are available to the intelligence 
                        community at federally funded research 
                        and development centers; and
                          (ii) may address the needs documented 
                        pursuant to subparagraph (D)(i).
          (4) Intelligence analyses.--The Committee may provide 
        scientific and technological expertise and advice on 
        analyses conducted by the intelligence community on 
        scientific and technological research and development 
        achievements of foreign adversaries that affect the 
        national security of the United States, including by--
                  (A) coordinating with (and deconflicting with 
                as appropriate) the National Intelligence 
                Officer for Science and Technology of the 
                Office of the Director of National Intelligence 
                with respect to threats posed by such 
                achievements;
                  (B) identifying investments and advancements 
                made by foreign adversaries in pursuit of such 
                achievements and communicating the 
                identifications to policymakers and the Armed 
                Forces of the United States;
                  (C) providing intelligence to assist national 
                and military customers in identifying and 
                prioritizing technically and operationally 
                feasible applications of such achievements;
                  (D) advising policymakers and the Armed 
                Forces of the United States on vulnerabilities 
                of the United States that may be revealed, 
                exploited, or otherwise implicated by foreign 
                adversaries through such achievements; and
                  (E) collaborating with the heads of 
                components of elements of the intelligence 
                community, including the Open Source Enterprise 
                and the Department of Defense Open Source 
                Council (or any related successor component) 
                and other appropriate entities, to analyze and 
                exploit open-source science and technology 
                intelligence.
  (d) Reports.--
          (1) Submission.--On an annual basis, the Director of 
        National Intelligence shall submit to the congressional 
        intelligence committees--
                  (A) a report on the efforts of the National 
                Intelligence Science and Technology Committee; 
                and
                  (B) a report that--
                          (i) addresses the status of covered 
                        activities of the intelligence 
                        community, including any advancements 
                        made with respect to such activities; 
                        and
                          (ii) includes a submission from the 
                        head of each element of the 
                        intelligence community describing any 
                        covered activities sponsored by that 
                        element at a federally funded research 
                        and development center during the most 
                        recent calendar year.
          (2) Form.--The report under paragraph (1)(C) shall be 
        submitted in classified form.
  (e) Definitions.--In this section:
          (1) Covered activities.--The term ``covered 
        activities'' means scientific and technological 
        research and development activities.
          (2) Open-source science and technology 
        intelligence.--The term ``open-source science and 
        technology intelligence'' means information of 
        intelligence value regarding scientific and 
        technological developments that appears in print or 
        electronic form, including radio, television, 
        newspapers, journals, the internet, commercial 
        databases, videos, graphics, drawings, or any other 
        publicly available source.

           *       *       *       *       *       *       *


            inspector general of the intelligence community

  Sec. 103H. (a) Office of Inspector General of the 
Intelligence Community.--There is within the Office of the 
Director of National Intelligence an Office of the Inspector 
General of the Intelligence Community.
  (b) Purpose.--The purpose of the Office of the Inspector 
General of the Intelligence Community is--
          (1) to create an objective and effective office, 
        appropriately accountable to Congress, to initiate and 
        conduct independent investigations, inspections, 
        audits, and reviews on programs and activities within 
        the responsibility and authority of the Director of 
        National Intelligence;
          (2) to provide leadership and coordination and 
        recommend policies for activities designed--
                  (A) to promote economy, efficiency, and 
                effectiveness in the administration and 
                implementation of such programs and activities; 
                and
                  (B) to prevent and detect fraud and abuse in 
                such programs and activities;
          (3) to provide a means for keeping the Director of 
        National Intelligence fully and currently informed 
        about--
                  (A) problems and deficiencies relating to the 
                administration of programs and activities 
                within the responsibility and authority of the 
                Director of National Intelligence; and
                  (B) the necessity for, and the progress of, 
                corrective actions; and
          (4) in the manner prescribed by this section, to 
        ensure that the congressional intelligence committees 
        are kept similarly informed of--
                  (A) significant problems and deficiencies 
                relating to programs and activities within the 
                responsibility and authority of the Director of 
                National Intelligence; and
                  (B) the necessity for, and the progress of, 
                corrective actions.
  (c) Inspector General of the Intelligence Community.--(1) 
There is an Inspector General of the Intelligence Community, 
who shall be the head of the Office of the Inspector General of 
the Intelligence Community, who shall be appointed by the 
President, by and with the advice and consent of the Senate.
  (2) The nomination of an individual for appointment as 
Inspector General shall be made--
          (A) without regard to political affiliation;
          (B) on the basis of integrity, compliance with 
        security standards of the intelligence community, and 
        prior experience in the field of intelligence or 
        national security; and
          (C) on the basis of demonstrated ability in 
        accounting, financial analysis, law, management 
        analysis, public administration, or investigations.
  (3) The Inspector General shall report directly to and be 
under the general supervision of the Director of National 
Intelligence.
  [(4) The Inspector General may be removed from office only by 
the President. The President shall communicate in writing to 
the congressional intelligence committees the reasons for the 
removal not later than 30 days prior to the effective date of 
such removal. Nothing in this paragraph shall be construed to 
prohibit a personnel action otherwise authorized by law, other 
than transfer or removal.]
  (4) The provisions of title XII shall apply to the Inspector 
General with respect to the removal of the Inspector General, a 
vacancy in the position of the Inspector General, and any other 
matter relating to the Inspector General as specifically 
provided for in such title.
  (d) Assistant Inspectors General.--Subject to the policies of 
the Director of National Intelligence, the Inspector General of 
the Intelligence Community shall--
          (1) appoint an Assistant Inspector General for Audit 
        who shall have the responsibility for supervising the 
        performance of auditing activities relating to programs 
        and activities within the responsibility and authority 
        of the Director;
          (2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and activities; and
          (3) appoint other Assistant Inspectors General that, 
        in the judgment of the Inspector General, are necessary 
        to carry out the duties of the Inspector General.
  (e) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the Intelligence 
Community--
          (1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        investigations, inspections, audits, and reviews 
        relating to programs and activities within the 
        responsibility and authority of the Director of 
        National Intelligence;
          (2) to keep the Director of National Intelligence 
        fully and currently informed concerning violations of 
        law and regulations, fraud, and other serious problems, 
        abuses, and deficiencies relating to the programs and 
        activities within the responsibility and authority of 
        the Director, to recommend corrective action concerning 
        such problems, and to report on the progress made in 
        implementing such corrective action;
          (3) to take due regard for the protection of 
        intelligence sources and methods in the preparation of 
        all reports issued by the Inspector General, and, to 
        the extent consistent with the purpose and objective of 
        such reports, take such measures as may be appropriate 
        to minimize the disclosure of intelligence sources and 
        methods described in such reports; and
          (4) in the execution of the duties and 
        responsibilities under this section, to comply with 
        generally accepted government auditing.
  (f) Limitations on Activities.--(1) The Director of National 
Intelligence may prohibit the Inspector General of the 
Intelligence Community from initiating, carrying out, or 
completing any investigation, inspection, audit, or review if 
the Director determines that such prohibition is necessary to 
protect vital national security interests of the United States.
  (2) Not later than seven days after the date on which the 
Director exercises the authority under paragraph (1), the 
Director shall submit to the congressional intelligence 
committees an appropriately classified statement of the reasons 
for the exercise of such authority.
  (3) The Director shall advise the Inspector General at the 
time a statement under paragraph (2) is submitted, and, to the 
extent consistent with the protection of intelligence sources 
and methods, provide the Inspector General with a copy of such 
statement.
  (4) The Inspector General may submit to the congressional 
intelligence committees any comments on the statement of which 
the Inspector General has notice under paragraph (3) that the 
Inspector General considers appropriate.
  (g) Authorities.--(1) The Inspector General of the 
Intelligence Community shall have direct and prompt access to 
the Director of National Intelligence when necessary for any 
purpose pertaining to the performance of the duties of the 
Inspector General.
  (2)(A) The Inspector General shall, subject to the 
limitations in subsection (f), make such investigations and 
reports relating to the administration of the programs and 
activities within the authorities and responsibilities of the 
Director as are, in the judgment of the Inspector General, 
necessary or desirable.
  (B) The Inspector General shall have access to any employee, 
or any employee of a contractor, of any element of the 
intelligence community needed for the performance of the duties 
of the Inspector General.
  (C) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, 
recommendations, or other materials that relate to the programs 
and activities with respect to which the Inspector General has 
responsibilities under this section.
  (D) The level of classification or compartmentation of 
information shall not, in and of itself, provide a sufficient 
rationale for denying the Inspector General access to any 
materials under subparagraph (C).
  (E) The Director, or on the recommendation of the Director, 
another appropriate official of the intelligence community, 
shall take appropriate administrative actions against an 
employee, or an employee of a contractor, of an element of the 
intelligence community that fails to cooperate with the 
Inspector General. Such administrative action may include loss 
of employment or the termination of an existing contractual 
relationship.
  (3) The Inspector General is authorized to receive and 
investigate, pursuant to subsection (h), complaints or 
information from any person concerning the existence of an 
activity within the authorities and responsibilities of the 
Director of National Intelligence constituting a violation of 
laws, rules, or regulations, or mismanagement, gross waste of 
funds, abuse of authority, or a substantial and specific danger 
to the public health and safety. Once such complaint or 
information has been received from an employee of the 
intelligence community--
          (A) the Inspector General shall not disclose the 
        identity of the employee without the consent of the 
        employee, unless the Inspector General determines that 
        such disclosure is unavoidable during the course of the 
        investigation or the disclosure is made to an official 
        of the Department of Justice responsible for 
        determining whether a prosecution should be undertaken, 
        and this provision shall qualify as a withholding 
        statute pursuant to subsection (b)(3) of section 552 of 
        title 5, United States Code (commonly known as the 
        ``Freedom of Information Act''); and
          (B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint or disclosing such 
        information to the Inspector General may be taken by 
        any employee in a position to take such actions, unless 
        the complaint was made or the information was disclosed 
        with the knowledge that it was false or with willful 
        disregard for its truth or falsity.
  (4) The Inspector General shall have the authority to 
administer to or take from any person an oath, affirmation, or 
affidavit, whenever necessary in the performance of the duties 
of the Inspector General, which oath, affirmation, or affidavit 
when administered or taken by or before an employee of the 
Office of the Inspector General of the Intelligence Community 
designated by the Inspector General shall have the same force 
and effect as if administered or taken by, or before, an 
officer having a seal.
  (5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of 
all information, documents, reports, answers, records, 
accounts, papers, and other data in any medium (including 
electronically stored information, as well as any tangible 
thing) and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
  (B) In the case of departments, agencies, and other elements 
of the United States Government, the Inspector General shall 
obtain information, documents, reports, answers, records, 
accounts, papers, and other data and evidence for the purpose 
specified in subparagraph (A) using procedures other than by 
subpoenas.
  (C) The Inspector General may not issue a subpoena for, or on 
behalf of, any component of the Office of the Director of 
National Intelligence or any element of the intelligence 
community, including the Office of the Director of National 
Intelligence.
  (D) In the case of contumacy or refusal to obey a subpoena 
issued under this paragraph, the subpoena shall be enforceable 
by order of any appropriate district court of the United 
States.
  (6) The Inspector General may obtain services as authorized 
by section 3109 of title 5, United States Code, at rates for 
individuals not to exceed the daily equivalent of the maximum 
annual rate of basic pay payable for grade GS-15 of the General 
Schedule under section 5332 of title 5, United States Code.
  (7) The Inspector General may, to the extent and in such 
amounts as may be provided in appropriations, enter into 
contracts and other arrangements for audits, studies, analyses, 
and other services with public agencies and with private 
persons, and to make such payments as may be necessary to carry 
out the provisions of this section.
  (h) Coordination Among Inspectors General.--(1)(A) In the 
event of a matter within the jurisdiction of the Inspector 
General of the Intelligence Community that may be subject to an 
investigation, inspection, audit, or review by both the 
Inspector General of the Intelligence Community and an 
inspector general with oversight responsibility for an element 
of the intelligence community, the Inspector General of the 
Intelligence Community and such other inspector general shall 
expeditiously resolve the question of which inspector general 
shall conduct such investigation, inspection, audit, or review 
to avoid unnecessary duplication of the activities of the 
inspectors general.
  (B) In attempting to resolve a question under subparagraph 
(A), the inspectors general concerned may request the 
assistance of the Intelligence Community Inspectors General 
Forum established under paragraph (2). In the event of a 
dispute between an inspector general within a department or 
agency of the United States Government and the Inspector 
General of the Intelligence Community that has not been 
resolved with the assistance of such Forum, the inspectors 
general shall submit the question to the Director of National 
Intelligence and the head of the affected department or agency 
for resolution.
  (2)(A) There is established the Intelligence Community 
Inspectors General Forum, which shall consist of all statutory 
or administrative inspectors general with oversight 
responsibility for an element of the intelligence community.
  (B) The Inspector General of the Intelligence Community shall 
serve as the Chair of the Forum established under subparagraph 
(A). The Forum shall have no administrative authority over any 
inspector general, but shall serve as a mechanism for informing 
its members of the work of individual members of the Forum that 
may be of common interest and discussing questions about 
jurisdiction or access to employees, employees of contract 
personnel, records, audits, reviews, documents, 
recommendations, or other materials that may involve or be of 
assistance to more than one of its members.
  (3) The inspector general conducting an investigation, 
inspection, audit, or review covered by paragraph (1) shall 
submit the results of such investigation, inspection, audit, or 
review to any other inspector general, including the Inspector 
General of the Intelligence Community, with jurisdiction to 
conduct such investigation, inspection, audit, or review who 
did not conduct such investigation, inspection, audit, or 
review.
  (i) Counsel to the Inspector General.--(1) The Inspector 
General of the Intelligence Community shall--
          (A) appoint a Counsel to the Inspector General who 
        shall report to the Inspector General; or
          (B) obtain the services of a counsel appointed by and 
        directly reporting to another inspector general or the 
        Council of the Inspectors General on Integrity and 
        Efficiency on a reimbursable basis.
  (2) The counsel appointed or obtained under paragraph (1) 
shall perform such functions as the Inspector General may 
prescribe.
  (j) Staff and Other Support.--(1) The Director of National 
Intelligence shall provide the Inspector General of the 
Intelligence Community with appropriate and adequate office 
space at central and field office locations, together with such 
equipment, office supplies, maintenance services, and 
communications facilities and services as may be necessary for 
the operation of such offices.
  (2)(A) Subject to applicable law and the policies of the 
Director of National Intelligence, the Inspector General shall 
select, appoint, and employ such officers and employees as may 
be necessary to carry out the functions, powers, and duties of 
the Inspector General. The Inspector General shall ensure that 
any officer or employee so selected, appointed, or employed has 
security clearances appropriate for the assigned duties of such 
officer or employee.
  (B) In making selections under subparagraph (A), the 
Inspector General shall ensure that such officers and employees 
have the requisite training and experience to enable the 
Inspector General to carry out the duties of the Inspector 
General effectively.
  (C) In meeting the requirements of this paragraph, the 
Inspector General shall create within the Office of the 
Inspector General of the Intelligence Community a career cadre 
of sufficient size to provide appropriate continuity and 
objectivity needed for the effective performance of the duties 
of the Inspector General.
  (3) Consistent with budgetary and personnel resources 
allocated by the Director of National Intelligence, the 
Inspector General has final approval of--
          (A) the selection of internal and external candidates 
        for employment with the Office of the Inspector 
        General; and
          (B) all other personnel decisions concerning 
        personnel permanently assigned to the Office of the 
        Inspector General, including selection and appointment 
        to the Senior Intelligence Service, but excluding all 
        security-based determinations that are not within the 
        authority of a head of a component of the Office of the 
        Director of National Intelligence.
  (4)(A) Subject to the concurrence of the Director of National 
Intelligence, the Inspector General may request such 
information or assistance as may be necessary for carrying out 
the duties and responsibilities of the Inspector General from 
any Federal, State (as defined in section 805), or local 
governmental agency or unit thereof.
  (B) Upon request of the Inspector General for information or 
assistance from a department, agency, or element of the Federal 
Government under subparagraph (A), the head of the department, 
agency, or element concerned shall, insofar as is practicable 
and not in contravention of any existing statutory restriction 
or regulation of the department, agency, or element, furnish to 
the Inspector General, such information or assistance.
  (C) The Inspector General of the Intelligence Community may, 
upon reasonable notice to the head of any element of the 
intelligence community and in coordination with that element's 
inspector general pursuant to subsection (h), conduct, as 
authorized by this section, an investigation, inspection, 
audit, or review of such element and may enter into any place 
occupied by such element for purposes of the performance of the 
duties of the Inspector General.
  (k) Reports.--(1)(A) The Inspector General of the 
Intelligence Community shall, not later than October 31 and 
April 30 of each year, prepare and submit to the Director of 
National Intelligence a classified, and, as appropriate, 
unclassified semiannual report summarizing the activities of 
the Office of the Inspector General of the Intelligence 
Community during the immediately preceding 6-month period 
ending September 30 and March 31, respectively. The Inspector 
General of the Intelligence Community shall provide any portion 
of the report involving a component of a department of the 
United States Government to the head of that department 
simultaneously with submission of the report to the Director of 
National Intelligence.
  (B) Each report under this paragraph shall include, at a 
minimum, the following:
          (i) A list of the title or subject of each 
        investigation, inspection, audit, or review conducted 
        during the period covered by such report.
          (ii) A description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and activities of the intelligence community 
        within the responsibility and authority of the Director 
        of National Intelligence, and in the relationships 
        between elements of the intelligence community, 
        identified by the Inspector General during the period 
        covered by such report.
          (iii) A description of the recommendations for 
        corrective action made by the Inspector General during 
        the period covered by such report with respect to 
        significant problems, abuses, or deficiencies 
        identified in clause (ii).
          (iv) A statement of whether or not corrective action 
        has been completed on each significant recommendation 
        described in previous semiannual reports, and, in a 
        case where corrective action has been completed, a 
        description of such corrective action.
          (v) A certification of whether or not the Inspector 
        General has had full and direct access to all 
        information relevant to the performance of the 
        functions of the Inspector General.
          (vi) A description of the exercise of the subpoena 
        authority under subsection (g)(5) by the Inspector 
        General during the period covered by such report.
          (vii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote 
        economy, efficiency, and effectiveness in the 
        administration and implementation of programs and 
        activities within the responsibility and authority of 
        the Director of National Intelligence, and to detect 
        and eliminate fraud and abuse in such programs and 
        activities.
  (C) Not later than 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the 
report to the congressional intelligence committees together 
with any comments the Director considers appropriate. The 
Director shall transmit to the committees of the Senate and of 
the House of Representatives with jurisdiction over a 
department of the United States Government any portion of the 
report involving a component of such department simultaneously 
with submission of the report to the congressional intelligence 
committees.
  (2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of 
particularly serious or flagrant problems, abuses, or 
deficiencies relating to programs and activities within the 
responsibility and authority of the Director of National 
Intelligence.
  (B) The Director shall transmit to the congressional 
intelligence committees each report under subparagraph (A) 
within 7 calendar days of receipt of such report, together with 
such comments as the Director considers appropriate. The 
Director shall transmit to the committees of the Senate and of 
the House of Representatives with jurisdiction over a 
department of the United States Government any portion of each 
report under subparagraph (A) that involves a problem, abuse, 
or deficiency related to a component of such department 
simultaneously with transmission of the report to the 
congressional intelligence committees.
  (3)(A) In the event that--
          (i) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution 
        of the duties or responsibilities of the Inspector 
        General;
          (ii) an investigation, inspection, audit, or review 
        carried out by the Inspector General focuses on any 
        current or former intelligence community official who--
                  (I) holds or held a position in an element of 
                the intelligence community that is subject to 
                appointment by the President, whether or not by 
                and with the advice and consent of the Senate, 
                including such a position held on an acting 
                basis;
                  (II) holds or held a position in an element 
                of the intelligence community, including a 
                position held on an acting basis, that is 
                appointed by the Director of National 
                Intelligence; or
                  (III) holds or held a position as head of an 
                element of the intelligence community or a 
                position covered by subsection (b) or (c) of 
                section 106;
          (iii) a matter requires a report by the Inspector 
        General to the Department of Justice on possible 
        criminal conduct by a current or former official 
        described in clause (ii);
          (iv) the Inspector General receives notice from the 
        Department of Justice declining or approving 
        prosecution of possible criminal conduct of any current 
        or former official described in clause (ii); or
          (v) the Inspector General, after exhausting all 
        possible alternatives, is unable to obtain significant 
        documentary information in the course of an 
        investigation, inspection, audit, or review,
the Inspector General shall immediately notify, and submit a 
report to, the congressional intelligence committees on such 
matter.
  (B) The Inspector General shall submit to the committees of 
the Senate and of the House of Representatives with 
jurisdiction over a department of the United States Government 
any portion of each report under subparagraph (A) that involves 
an investigation, inspection, audit, or review carried out by 
the Inspector General focused on any current or former official 
of a component of such department simultaneously with 
submission of the report to the congressional intelligence 
committees.
  (C) With respect to each report submitted pursuant to 
paragraph (A)(i), the Inspector General shall include in the 
report, at a minimum--
          (i) a general description of the unresolved 
        differences, the particular duties or responsibilities 
        of the Inspector General involved, and, if such 
        differences relate to a complaint or information under 
        paragraph (5), a description of the complaint or 
        information and the entities or individuals identified 
        in the complaint or information; and
          (ii) to the extent such differences can be attributed 
        not only to the Director but also to any other 
        official, department, agency, or office within the 
        executive branch, or a component thereof, the titles of 
        such official, department, agency, or office.
  (4) The Director shall submit to the congressional 
intelligence committees any report or findings and 
recommendations of an investigation, inspection, audit, or 
review conducted by the office which has been requested by the 
Chairman or Vice Chairman or ranking minority member of either 
committee.
  (5)(A) An employee of an element of the intelligence 
community, an employee assigned or detailed to an element of 
the intelligence community, or an employee of a contractor to 
the intelligence community who intends to report to Congress a 
complaint or information with respect to an urgent concern may 
report such complaint or information to the Inspector General.
  (B) Not later than the end of the 14-calendar-day period 
beginning on the date of receipt from an employee of a 
complaint or information under subparagraph (A), the Inspector 
General shall determine whether the complaint or information 
appears credible. Upon making such a determination, the 
Inspector General shall transmit to the Director a notice of 
that determination, together with the complaint or information.
  (C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within 7 calendar 
days of such receipt, forward such transmittal to the 
congressional intelligence committees, together with any 
comments the Director considers appropriate.
  (D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or 
information to the Director in accurate form under subparagraph 
(B), the employee (subject to clause (ii)) may submit the 
complaint or information to Congress by contacting either or 
both of the congressional intelligence committees directly. The 
employee may request information pursuant to section 1227 with 
respect to contacting such committees.
  (ii) An employee may contact the congressional intelligence 
committees directly as described in clause (i) only if the 
employee--
          (I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of 
        the employee's complaint or information and notice of 
        the employee's intent to contact the congressional 
        intelligence committees directly; and
          (II) obtains and follows from the Director, through 
        the Inspector General, direction on how to contact the 
        congressional intelligence committees in accordance 
        with appropriate security practices.
  (iii) A member or employee of one of the congressional 
intelligence committees who receives a complaint or information 
under this subparagraph does so in that member or employee's 
official capacity as a member or employee of such committee.
  (E) The Inspector General shall notify an employee who 
reports a complaint or information to the Inspector General 
under this paragraph of each action taken under this paragraph 
with respect to the complaint or information. Such notice shall 
be provided not later than 3 days after any such action is 
taken.
  (F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
  (G) [In this paragraph] In accordance with section 1205, in 
this paragraph, the term ``urgent concern'' means any of the 
following:
          (i) A serious or flagrant problem, abuse, violation 
        of law or Executive order, or deficiency relating to 
        the funding, administration, or operation of an 
        intelligence activity within the responsibility and 
        authority of the Director of National Intelligence 
        involving classified information, but does not include 
        differences of opinions concerning public policy 
        matters.
          (ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation 
        of an intelligence activity.
          (iii) An action, including a personnel action 
        described in section 2302(a)(2)(A) of title 5, United 
        States Code, constituting reprisal or threat of 
        reprisal prohibited under subsection (g)(3)(B) of this 
        section in response to an employee's reporting an 
        urgent concern in accordance with this paragraph.
  (H) Nothing in this section shall be construed to limit the 
protections afforded to an employee under section 17(d) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)) or 
section 8H of the Inspector General Act of 1978 (5 U.S.C. 
App.).
  (I) An individual who has submitted a complaint or 
information to the Inspector General under this section may 
notify any member of either of the congressional intelligence 
committees, or a staff member of either of such committees, of 
the fact that such individual has made a submission to the 
Inspector General, and of the date on which such submission was 
made.
  (6) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall expeditiously report to the 
Attorney General any information, allegation, or complaint 
received by the Inspector General relating to violations of 
Federal criminal law that involves a program or operation of an 
element of the intelligence community, or in the relationships 
between the elements of the intelligence community, consistent 
with such guidelines as may be issued by the Attorney General 
pursuant to subsection (b)(2) of such section. A copy of each 
such report shall be furnished to the Director.
  (l) Construction of Duties Regarding Elements of Intelligence 
Community.--Except as resolved pursuant to subsection (h), the 
performance by the Inspector General of the Intelligence 
Community of any duty, responsibility, or function regarding an 
element of the intelligence community shall not be construed to 
modify or affect the duties and responsibilities of any other 
inspector general having duties and responsibilities relating 
to such element.
  (m) Separate Budget Account.--The Director of National 
Intelligence shall, in accordance with procedures issued by the 
Director in consultation with the congressional intelligence 
committees, include in the National Intelligence Program budget 
a separate account for the Office of the Inspector General of 
the Intelligence Community.
  (n) Budget.--(1) For each fiscal year, the Inspector General 
of the Intelligence Community shall transmit a budget estimate 
and request to the Director of National Intelligence that 
specifies for such fiscal year--
          (A) the aggregate amount requested for the operations 
        of the Inspector General;
          (B) the amount requested for all training 
        requirements of the Inspector General, including a 
        certification from the Inspector General that the 
        amount requested is sufficient to fund all training 
        requirements for the Office of the Inspector General; 
        and
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency, 
        including a justification for such amount.
  (2) In transmitting a proposed budget to the President for a 
fiscal year, the Director of National Intelligence shall 
include for such fiscal year--
          (A) the aggregate amount requested for the Inspector 
        General of the Intelligence Community;
          (B) the amount requested for Inspector General 
        training;
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency; and
          (D) the comments of the Inspector General, if any, 
        with respect to such proposed budget.
  (3) The Director of National Intelligence shall submit to the 
congressional intelligence committees, the Committee on 
Appropriations of the Senate, and the Committee on 
Appropriations of the House of Representatives for each fiscal 
year--
          (A) a separate statement of the budget estimate 
        transmitted pursuant to paragraph (1);
          (B) the amount requested by the Director for the 
        Inspector General pursuant to paragraph (2)(A);
          (C) the amount requested by the Director for the 
        training of personnel of the Office of the Inspector 
        General pursuant to paragraph (2)(B);
          (D) the amount requested by the Director for support 
        for the Council of the Inspectors General on Integrity 
        and Efficiency pursuant to paragraph (2)(C); and
          (E) the comments of the Inspector General under 
        paragraph (2)(D), if any, on the amounts requested 
        pursuant to paragraph (2), including whether such 
        amounts would substantially inhibit the Inspector 
        General from performing the duties of the Office of the 
        Inspector General.
  (o) Information on Website.--(1) The Director of National 
Intelligence shall establish and maintain on the homepage of 
the publicly accessible website of the Office of the Director 
of National Intelligence information relating to the Office of 
the Inspector General of the Intelligence Community including 
methods to contact the Inspector General.
  (2) The information referred to in paragraph (1) shall be 
obvious and facilitate accessibility to the information related 
to the Office of the Inspector General of the Intelligence 
Community.

           *       *       *       *       *       *       *


SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.

  (a) In General.--There is a Director of the National 
Reconnaissance Office.
  (b) Appointment.--The Director of the National Reconnaissance 
Office shall be appointed by the President, by and with the 
advice and consent of the Senate.
  (c) Functions and Duties.--The Director of the National 
Reconnaissance Office shall be the head of the National 
Reconnaissance Office and shall discharge such functions and 
duties as are provided by this Act or otherwise by law or 
executive order.
  (d) Clarification of Authority.--The Director of National 
Intelligence may not transfer any element of the National 
Reconnaissance Office to the Space Force. Nothing in chapter 
908 of title 10, United States Code, shall affect the 
authorities, duties, or responsibilities of the Director of the 
National Reconnaissance Office, including with respect to the 
authority of the Director to operate a unified organization to 
carry out the research, development, test, evaluation, 
acquisition, launch, deployment, and operations of overhead 
reconnaissance systems and related data processing facilities 
of the National Reconnaissance Office.
  [(d)] (e) Advisory Board.--
          (1) Establishment.--There is established in the 
        National Reconnaissance Office an advisory board (in 
        this section referred to as the ``Board'').
          (2) Duties.--The Board shall--
                  (A) study matters relating to the mission of 
                the National Reconnaissance Office, including 
                with respect to promoting innovation, 
                competition, and resilience in space, overhead 
                reconnaissance, acquisition, and other matters; 
                and
                  (B) advise and report directly to the 
                Director with respect to such matters.
          (3) Members.--
                  (A) Number and appointment.--
                          (i) In general.--The Board shall be 
                        composed of five members appointed by 
                        the Director from among individuals 
                        with demonstrated academic, government, 
                        business, or other expertise relevant 
                        to the mission and functions of the 
                        National Reconnaissance Office.
                          (ii) Notification.--Not later than 30 
                        days after the date on which the 
                        Director appoints a member to the 
                        Board, the Director shall notify the 
                        congressional intelligence committees 
                        and the congressional defense 
                        committees (as defined in section 
                        101(a) of title 10, United States Code) 
                        of such appointment.
                  (B) Terms.--Each member shall be appointed 
                for a term of 2 years. Except as provided by 
                subparagraph (C), a member may not serve more 
                than three terms.
                  (C) Vacancy.--Any member appointed to fill a 
                vacancy occurring before the expiration of the 
                term for which the member's predecessor was 
                appointed shall be appointed only for the 
                remainder of that term. A member may serve 
                after the expiration of that member's term 
                until a successor has taken office.
                  (D) Chair.--The Board shall have a Chair, who 
                shall be appointed by the Director from among 
                the members.
                  (E) Travel expenses.--Each member shall 
                receive travel expenses, including per diem in 
                lieu of subsistence, in accordance with 
                applicable provisions under subchapter I of 
                chapter 57 of title 5, United States Code.
                  (F) Executive secretary.--The Director may 
                appoint an executive secretary, who shall be an 
                employee of the National Reconnaissance Office, 
                to support the Board.
          (4) Meetings.--The Board shall meet not less than 
        quarterly, but may meet more frequently at the call of 
        the Director.
          (5) Reports.--Not later than March 31 of each year, 
        the Board shall submit to the Director and to the 
        congressional intelligence committees a report on the 
        activities and significant findings of the Board during 
        the preceding year.
          (6) Nonapplicability of certain requirements.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall 
        not apply to the Board.
          (7) Termination.--The Board shall terminate on the 
        date that is 3 years after the date of the first 
        meeting of the Board.

           *       *       *       *       *       *       *


SEC. 108B. ANNUAL REPORTS ON WORLDWIDE THREATS.

  (a) Annual Reports.--Not later than the first Monday in 
February 2021, and each year thereafter, the Director of 
National Intelligence, in coordination with the heads of the 
elements of the intelligence community, shall submit to the 
appropriate congressional committees a report containing an 
assessment of the intelligence community with respect to 
worldwide threats to the national security of the United 
States.
  (b) Form.--Each report under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex only for the protection of intelligence sources and 
methods relating to the matters contained in the report.
  (c) Hearings.--
          (1) Open hearings.--Upon request by the appropriate 
        congressional committees, the Director (and any other 
        head of an element of the intelligence community 
        determined appropriate by the committees in 
        consultation with the Director) shall testify before 
        such committees in an open setting regarding a report 
        under subsection (a).
          (2) Closed hearings.--Any information that may not be 
        disclosed during an open hearing under paragraph (1) in 
        order to protect intelligence sources and methods may 
        instead be discussed in a closed hearing that 
        immediately follows such open hearing.
  (d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the congressional intelligence committees; and
          (2) the Committees on Armed Services of the House of 
        Representatives and the Senate.

           *       *       *       *       *       *       *


SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL.

  (a) Establishment.--The Director of National Intelligence 
shall establish a Climate Security Advisory Council for the 
purpose of--
          (1) assisting intelligence analysts of various 
        elements of the intelligence community with respect to 
        analysis of climate security and its impact on the 
        areas of focus of such analysts;
          (2) facilitating coordination between the elements of 
        the intelligence community and elements of the Federal 
        Government that are not elements of the intelligence 
        community in collecting data on, and conducting 
        analysis of, climate change and climate security; and
          (3) ensuring that the intelligence community is 
        adequately prioritizing climate change in carrying out 
        its activities.
  (b) Composition of Council.--
          (1) Members.--The Council shall be composed of the 
        following individuals appointed by the Director of 
        National Intelligence:
                  (A) An appropriate official from the National 
                Intelligence Council, who shall chair the 
                Council.
                  (B) The lead official with respect to climate 
                and environmental security analysis from--
                          (i) the Central Intelligence Agency;
                          (ii) the Bureau of Intelligence and 
                        Research of the Department of State;
                          (iii) the National Geospatial-
                        Intelligence Agency;
                          (iv) the Office of Intelligence and 
                        Counterintelligence of the Department 
                        of Energy;
                          (v) the Office of the Under Secretary 
                        of Defense for Intelligence; and
                          (vi) the Defense Intelligence Agency.
                  (C) Three appropriate officials from elements 
                of the Federal Government that are not elements 
                of the intelligence community that are 
                responsible for--
                          (i) providing decision makers with a 
                        predictive understanding of the 
                        climate;
                          (ii) making observations of our Earth 
                        system that can be used by the public, 
                        policymakers, and to support strategic 
                        decisions; or
                          (iii) coordinating Federal research 
                        and investments in understanding the 
                        forces shaping the global environment, 
                        both human and natural, and their 
                        impacts on society.
                  (D) Any other officials as the Director of 
                National Intelligence or the chair of the 
                Council may determine appropriate.
          (2) Responsibilities of chair.--The chair of the 
        Council shall have responsibility for--
                  (A) identifying agencies to supply 
                individuals from elements of the Federal 
                Government that are not elements of the 
                intelligence community;
                  (B) securing the permission of the relevant 
                agency heads for the participation of such 
                individuals on the Council; and
                  (C) any other duties that the Director of 
                National Intelligence may direct.
  (c) Duties and Responsibilities of Council.--The Council 
shall carry out the following duties and responsibilities:
          (1) To meet at least quarterly to--
                  (A) exchange appropriate data between 
                elements of the intelligence community and 
                elements of the Federal Government that are not 
                elements of the intelligence community;
                  (B) discuss processes for the routine 
                exchange of such data and implementation of 
                such processes; and
                  (C) prepare summaries of the business 
                conducted at each meeting.
          (2) To assess and determine best practices with 
        respect to the analysis of climate security, including 
        identifying publicly available information and 
        intelligence acquired through clandestine means that 
        enables such analysis.
          (3) To assess and identify best practices with 
        respect to prior efforts of the intelligence community 
        to analyze climate security.
          (4) To assess and describe best practices for 
        identifying and disseminating climate [security 
        indicators] intelligence indications and warnings.
          (5) To recommend methods of incorporating analysis of 
        climate security and the best practices identified 
        under paragraphs (2) through (4) into existing analytic 
        training programs.
          (6) To consult, as appropriate, with other elements 
        of the intelligence community that conduct analysis of 
        climate change or climate security and elements of the 
        Federal Government that are not elements of the 
        intelligence community that conduct analysis of climate 
        change or climate security, for the purpose of sharing 
        information about ongoing efforts and avoiding 
        duplication of existing efforts.
          (7) To work with elements of the intelligence 
        community that conduct analysis of climate change or 
        climate security and elements of the Federal Government 
        that are not elements of the intelligence community 
        that conduct analysis of climate change or climate 
        security--
                  (A) to exchange appropriate data between such 
                elements, establish processes, procedures and 
                practices for the routine exchange of such 
                data, discuss the implementation of such 
                processes; and
                  (B) to enable and facilitate the sharing of 
                findings and analysis between such elements.
          (8) To assess whether the elements of the 
        intelligence community that conduct analysis of climate 
        change or climate security may inform the research 
        direction of academic work and the sponsored work of 
        the United States Government.
          (9) At the discretion of the chair of the Council, to 
        convene conferences of analysts and nonintelligence 
        community personnel working on climate change or 
        climate security on subjects that the chair shall 
        direct.
  (d) Annual Report.--Not later than January 31, 2021, and not 
less frequently than annually thereafter, the chair of the 
Council shall submit, on behalf of the Council, to the 
congressional intelligence committees a report describing the 
activities of the Council as described in subsection (c) during 
the year preceding the year during which the report is 
submitted.
  [(d) Sunset.--The Council shall terminate on the date that is 
4 years after the date of the enactment of this section.]
  [(e)] (d) Definitions.--In this section:
          (1) Climate security.--The term ``climate security'' 
        means the effects of climate change on the following:
                  (A) The national security of the United 
                States, including national security 
                infrastructure.
                  (B) Subnational, national, and regional 
                political stability.
                  (C) The security of allies and partners of 
                the United States.
                  (D) Ongoing or potential political violence, 
                including unrest, rioting, guerrilla warfare, 
                insurgency, terrorism, rebellion, revolution, 
                civil war, and interstate war.
          (2) Climate intelligence indications and warnings.--
        The term ``climate intelligence indications and 
        warnings'' means developments relating to climate 
        security with the potential to--
                  (A) imminently and substantially alter the 
                political stability or degree of human security 
                in a country or region; or
                  (B) imminently and substantially threaten--
                          (i) the national security of the 
                        United States;
                          (ii) the military, political, or 
                        economic interests of allies and 
                        partners of the United States; or
                          (iii) citizens of the United States 
                        abroad.

           *       *       *       *       *       *       *


TITLE III--MISCELLANEOUS

           *       *       *       *       *       *       *


[SEC. 304. REPORTING OF CERTAIN EMPLOYMENT ACTIVITIES BY FORMER 
                    INTELLIGENCE OFFICERS AND EMPLOYEES.

  [(a) In General.--The head of each element of the 
intelligence community shall issue regulations requiring each 
employee of such element occupying a covered position to sign a 
written agreement requiring the regular reporting of covered 
employment to the head of such element.
  [(b) Agreement Elements.--The regulations required under 
subsection (a) shall provide that an agreement contain 
provisions requiring each employee occupying a covered position 
to, during the two-year period beginning on the date on which 
such employee ceases to occupy such covered position--
          [(1) report covered employment to the head of the 
        element of the intelligence community that employed 
        such employee in such covered position upon accepting 
        such covered employment; and
          [(2) annually (or more frequently if the head of such 
        element considers it appropriate) report covered 
        employment to the head of such element.
  [(c) Definitions.--In this section:
          [(1) Covered employment.--The term ``covered 
        employment'' means direct employment by, representation 
        of, or the provision of advice relating to national 
        security to the government of a foreign country or any 
        person whose activities are directly or indirectly 
        supervised, directed, controlled, financed, or 
        subsidized, in whole or in major part, by any 
        government of a foreign country.
          [(2) Covered position.--The term ``covered position'' 
        means a position within an element of the intelligence 
        community that, based on the level of access of a 
        person occupying such position to information regarding 
        sensitive intelligence sources or methods or other 
        exceptionally sensitive matters, the head of such 
        element determines should be subject to the 
        requirements of this section.
          [(3) Government of a foreign country.--The term 
        ``government of a foreign country'' has the meaning 
        given the term in section 1(e) of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 611(e)).]

SEC. 304. REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER 
                    INTELLIGENCE OFFICERS AND EMPLOYEES.

  (a) Temporary Restriction.--An employee of an element of the 
intelligence community who occupies a covered intelligence 
position may not occupy a covered post-service position during 
the 30-month period following the date on which the employee 
ceases to occupy a covered intelligence position.
  (b) Covered Post-Service Employment Reporting.--
          (1) Requirement.--The head of each element of the 
        intelligence community shall issue regulations 
        requiring, as a condition of employment, each employee 
        of such element occupying a covered intelligence 
        position to sign a written agreement requiring the 
        regular reporting of covered post-service employment to 
        the head of such element.
          (2) Agreement elements.--
                  (A) Reporting covered post-service 
                employment.--The regulations required under 
                paragraph (1) shall provide that an agreement 
                contain provisions requiring each employee 
                occupying a covered intelligence position to, 
                during the 5-year period beginning on the date 
                on which such employee ceases to occupy such 
                covered intelligence position--
                          (i) report covered post-service 
                        employment to the head of the element 
                        of the intelligence community that 
                        employed such employee in such covered 
                        intelligence position upon accepting 
                        such covered post-service employment; 
                        and
                          (ii) annually (or more frequently if 
                        the head of such element considers it 
                        appropriate) report covered post-
                        service employment to the head of such 
                        element.
                  (B) Information included.--Each report by an 
                employee under subparagraph (A) shall include 
                the following information:
                          (i) The name of the employer.
                          (ii) The foreign government, 
                        including the specific foreign 
                        individual, agency, or entity, for whom 
                        the covered post-service employment is 
                        being performed.
                          (iii) The title and role of the 
                        covered post-service position.
                          (iv) The nature of the services 
                        provided as part of the covered post-
                        service employment.
                          (v) All financial compensation and 
                        benefits received or promised for the 
                        covered post-service employment.
                          (vi) A self-certification that none 
                        of the services provided as part of the 
                        covered post-service employment violate 
                        Federal law, infringe upon the privacy 
                        rights of United States persons, or 
                        constitute abuses of human rights.
  (c) Penalties.--
          (1) Criminal penalties.--A former employee who 
        knowingly and willfully violates subsection (a) or who 
        knowingly and willfully fails to make a required report 
        under subsection (b) shall be fined under title 18, 
        United States Code, or imprisoned for not more than 5 
        years, or both. Each report under subsection (b) shall 
        be subject to section 1001 of title 18, United States 
        Code.
          (2) Security clearances.--The head of an element of 
        the intelligence community shall revoke the security 
        clearance of a former employee if the former employee 
        knowingly and willfully fails to make a required report 
        under subsection (b) or knowingly and willfully makes a 
        false report under subsection.
  (d) Training.--The head of each element of the intelligence 
community shall provide training on the reporting requirements 
under subsection (b) to each employee who ceases to occupy a 
covered intelligence position.
  (e) Annual Reports.--
          (1) Requirement.--Not later than March 31 of each 
        year, the Director of National Intelligence shall 
        submit to the congressional intelligence committees a 
        report on covered post-service employment occurring 
        during the year covered by the report.
          (2) Elements.--Each report under paragraph (1) shall 
        include the following:
                  (A) The number of former employees who occupy 
                a covered post-service position, broken down 
                by--
                          (i) the name of the employer;
                          (ii) the foreign government, 
                        including by the specific foreign 
                        individual, agency, or entity, for whom 
                        the covered post-service employment is 
                        being performed; and
                          (iii) the nature of the services 
                        provided as part of the covered post-
                        service employment.
                  (B) A certification by the Director that--
                          (i) each element of the intelligence 
                        community maintains adequate systems 
                        and processes for ensuring that former 
                        employees are submitting reports 
                        required under subsection (b);
                          (ii) to the knowledge of the heads of 
                        the elements of the intelligence 
                        community, all former employees who 
                        occupy a covered post-service position 
                        are in compliance with this section;
                          (iii) the services provided by former 
                        employees who occupy a covered post-
                        service position do not--
                                  (I) pose a current or future 
                                threat to the national security 
                                of the United States; or
                                  (II) pose a 
                                counterintelligence risk; and
                          (iv) the Director and the heads of 
                        such elements are not aware of any 
                        credible information or reporting that 
                        any individual described in clause 
                        (iii) has engaged in activities that 
                        violate Federal law, infringe upon the 
                        privacy rights of United States 
                        persons, or constitute abuses of human 
                        rights.
          (3) Form.--Each report under paragraph (1) shall be 
        submitted in unclassified form, but may include a 
        classified annex.
  (f) Notification.--In addition to the annual reports under 
subsection (e), if a head of an element of the intelligence 
community determines that the circumstances described in either 
clause (iii) or (iv) of paragraph (2) of such subsection occur 
with respect to a former employee described in those clauses, 
the head shall notify the congressional intelligence committees 
of such determination by not later than 7 days after making 
such determination. The notification shall include the 
following:
          (1) The name of the former employee.
          (2) The name of the employer.
          (3) The foreign government, including the specific 
        foreign individual, agency, or entity, for whom the 
        covered post-service employment is being performed.
          (4) As applicable, a description of--
                  (A) the risk to national security, the 
                counterintelligence risk, or both; and
                  (B) the activities that may violate Federal 
                law, infringe upon the privacy rights of United 
                States persons, or constitute abuses of human 
                rights.
  (g) Definitions.--In this section:
          (1) Covered intelligence position.--The term 
        ``covered intelligence position'' means a position 
        within an element of the intelligence community that, 
        based on the level of access of a person occupying such 
        position to information regarding sensitive 
        intelligence sources or methods or other exceptionally 
        sensitive matters, the head of such element determines 
        should be subject to the requirements of this section.
          (2) Covered post-service employment.--The term 
        ``covered post-service employment'' means direct or 
        indirect employment by, representation of, or any 
        provision of advice or services relating to national 
        security, intelligence, the military, or internal 
        security to the government of a foreign country or any 
        company, entity, or other person whose activities are 
        directly or indirectly supervised, directed, 
        controlled, financed, or subsidized, in whole or in 
        major part, by any government of a foreign country.
          (3) Covered post-service position.--The term 
        ``covered post-service position'' means a position of 
        employment described in paragraph (2).
          (4) Employee.--The term ``employee'', with respect to 
        an employee occupying a covered intelligence position, 
        includes an officer or official of an element of the 
        intelligence community, a contractor of such an 
        element, a detailee to such an element, or a member of 
        the Armed Forces assigned to such an element.
          (5) Former employee.--The term ``former employee'' 
        means an individual--
                  (A) who was an employee occupying a covered 
                intelligence position; and
                  (B) who is subject to the requirements under 
                subsections (a) or (b).
          (6) Government of a foreign country.--The term 
        ``government of a foreign country'' has the meaning 
        given the term in section 1(e) of the Foreign Agents 
        Registration Act of 1938 (22 U.S.C. 611(e)).

SEC. 305. PAID LEAVE FOR A SERIOUS HEALTH CONDITION.

  (a) Definitions.--In this section:
          (1) Paid serious health condition leave.--The term 
        ``paid serious health condition leave'' means paid 
        leave taken under subsection (b).
          (2) Serious health condition.--The term ``serious 
        health condition'' has the meaning given the term in 
        section 6381 of title 5, United States Code.
          (3) Son or daughter.--The term ``son or daughter'' 
        has the meaning given the term in section 6381 of title 
        5, United States Code.
  (b) Paid Serious Health Condition Leave.--Notwithstanding any 
other provision of law, a civilian employee of an element of 
the intelligence community shall have available a total of 12 
administrative workweeks of paid leave during any 12-month 
period for one or more of the following:
          (1) In order to care for the spouse, or a son, 
        daughter, or parent, of the employee, if such spouse, 
        son, daughter, or parent has a serious health 
        condition.
          (2) Because of a serious health condition that makes 
        the employee unable to perform the functions of the 
        employee's position.
  (c) Treatment of Serious Health Condition Leave Request.--
Notwithstanding any other provision of law, an element of the 
intelligence community shall accommodate an employee's leave 
schedule request under subsection (b), including a request to 
use such leave intermittently or on a reduced leave schedule, 
to the extent that the requested leave schedule does not unduly 
disrupt agency operations.
  (d) Rules Relating to Paid Leave.--Notwithstanding any other 
provision of law--
          (1) an employee of an element of the intelligence 
        community may not be required to first use all or any 
        portion of any unpaid leave available to the employee 
        before being allowed to use paid serious health 
        condition leave; and
          (2) paid serious health condition leave--
                  (A) shall be payable from any appropriation 
                or fund available for salaries or expenses for 
                positions within the employing element;
                  (B) may not be considered to be annual or 
                vacation leave for purposes of section 5551 or 
                5552 of title 5, United States Code, or for any 
                other purpose;
                  (C) if not used by the employee before the 
                end of the 12-month period described in 
                subsection (b) to which the leave relates, may 
                not be available for any subsequent use and may 
                not be converted into a cash payment;
                  (D) may be granted only to the extent that 
                the employee does not receive a total of more 
                than 12 weeks of paid serious health condition 
                leave in any 12-month period;
                  (E) shall be used in increments of hours (or 
                fractions thereof), with 12 administrative 
                workweeks equal to 480 hours for employees of 
                elements of the intelligence community with a 
                regular full-time work schedule and converted 
                to a proportional number of hours for employees 
                of such elements with part-time, seasonal, or 
                uncommon tours of duty; and
                  (F) may not be used during off-season (nonpay 
                status) periods for employees of such elements 
                with seasonal work schedules.
  (e) Implementation.--
          (1) Consistency with serious health condition leave 
        under title 5.--The Director of National Intelligence 
        shall carry out this section in a manner consistent, to 
        the extent appropriate, with the administration of 
        leave taken under section 6382 of title 5, United 
        States Code, for a reason described in subparagraph (C) 
        or (D) of subsection (a)(1) of that section.
          (2) Implementation plan.--Not later than 1 year after 
        the date of enactment of this section, the Director of 
        National Intelligence shall submit to the congressional 
        intelligence committees an implementation plan that 
        includes--
                  (A) processes and procedures for implementing 
                the paid serious health condition leave 
                policies under subsections (b) through (d);
                  (B) an explanation of how the implementation 
                of subsections (b) through (d) will be 
                reconciled with policies of other elements of 
                the Federal Government, including the impact on 
                elements funded by the National Intelligence 
                Program that are housed within agencies outside 
                the intelligence community;
                  (C) the projected impact of the 
                implementation of subsections (b) through (d) 
                on the workforce of the intelligence community, 
                including take rates, retention, recruiting, 
                and morale, broken down by each element of the 
                intelligence community; and
                  (D) all costs or operational expenses 
                associated with the implementation of 
                subsections (b) through (d).
          (3) Directive.--Not later than 90 days after the 
        Director of National Intelligence submits the 
        implementation plan under paragraph (2), the Director 
        of National Intelligence shall issue a written 
        directive to implement this section, which directive 
        shall take effect on the date of issuance.
  (f) Annual Report.--The Director of National Intelligence 
shall submit to the congressional intelligence committees an 
annual report that--
          (1) details the number of employees of each element 
        of the intelligence community who applied for and took 
        paid serious health condition leave during the year 
        covered by the report; and
          (2) includes updates on major implementation 
        challenges or costs associated with paid serious health 
        condition leave.

           *       *       *       *       *       *       *


TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *


SEC. 503A. QUARTERLY REPORTS ON CYBER INTELLIGENCE, SURVEILLANCE, AND 
                    RECONNAISSANCE ACTIVITIES OF THE DEPARTMENT OF 
                    DEFENSE.

  On a quarterly basis, the Secretary of Defense shall submit 
to the congressional intelligence committees and the 
congressional defense committees (as defined in section 101(a) 
of title 10, United States Code) a report on the cyber 
intelligence, surveillance, and reconnaissance activities of 
the Department of Defense, and any other matters the Secretary 
determines appropriate, that occurred during the quarter 
preceding the date of the submission of the report.

           *       *       *       *       *       *       *


SEC. 513. NOTICE OF PROVISION OF SUPPORT FOR FEDERAL, STATE, LOCAL, OR 
                    TRIBAL GOVERNMENT RESPONSE TO CIVIL DISOBEDIENCE OR 
                    DOMESTIC CIVIL DISTURBANCES.

  (a) Notice Required.--Not later than 72 hours before a 
covered agency provides support for any Federal, State, local, 
or Tribal government response to a civil disobedience or 
domestic civil disturbance, the head of the agency shall submit 
to the appropriate congressional committees and the covered 
recipients notice of the provision of such support.
  (b) Content of Notice.--Notice provided under subsection (a) 
with respect to the provision of support shall include each of 
the following:
          (1) The date on which the requested support was 
        approved.
          (2) The entity requesting the support.
          (3) The type of support requested.
          (4) A detailed description of the support that the 
        select agency intends to provide.
          (5) A brief description of the legal basis for 
        providing the support.
          (6) If the provision of such support requires notice 
        to be provided under section 1055(b) of the National 
        Defense Authorization Act for Fiscal Year 2017 (Public 
        Law 114-328), all the content of such notice.
          (7) Any other facts or circumstances that the head of 
        the covered agency determines are relevant.
  (c) Public Availability of Notice.--Not later than 72 hours 
after the date on which any notice is provided under subsection 
(a), the Director of National Intelligence shall make the 
notice publicly available on the internet website of the 
Director of National Intelligence and the internet website of 
the agency or agencies making the notification. If the notice 
is classified as provided under subsection (d), a redacted 
unclassified notice shall be made publicly available under this 
subsection.
  (d) Form of Notice.--
          (1) In general.--Except as provided in paragraph (2), 
        a notice under subsection (a) shall be submitted in 
        unclassified form.
          (2) Exception.--If the Director of National 
        Intelligence makes a determination in writing that the 
        protection of sources and methods requires that a 
        notice under subsection (a) be classified, the notice 
        may be submitted in classified form but shall be 
        accompanied by a notice redacted to remove classified 
        information. The authority to make a determination 
        under this paragraph may not be delegated.
  (e) Emergency Waiver Authority.--
          (1) In general.--The Director of National 
        Intelligence may waive the requirement to submit 
        advance notice under subsection (a) if the Director 
        determines that the support is to be provided in 
        association with any Federal, State, local, or Tribal 
        government response to--
                  (A) armed insurrection;
                  (B) an act of foreign terrorism;
                  (C) an act of domestic terrorism;
                  (D) a response to a natural disaster; or
                  (E) another extreme circumstance constituting 
                a grave threat.
          (2) Notice.--If the Director issues a waiver under 
        paragraph (1), notice under subsection (a) shall be 
        provided as soon as practicable after the provision of 
        support and, in any event, no later than 48 hours after 
        the provision of such support.
          (3) Nondelegation.--The authority to issue a waiver 
        and the authority to make a determination under 
        paragraph (1) may not be delegated.
  (f) Quarterly Reports.--
          (1) In general.--The Director of National 
        Intelligence shall submit to the appropriate 
        congressional committees quarterly reports that include 
        a description of any assistance provided by a covered 
        agency to law enforcement authorities.
          (2) Contents of reports.--Each report required under 
        this subsection shall include, for each instance in 
        which assistance was provided--
                  (A) the date on which the assistance was 
                requested;
                  (B) the entity requesting the assistance;
                  (C) the type of assistance requested;
                  (D) detailed description of the assistance 
                that the covered agency intends to or did 
                provide;
                  (E) a brief description of the legal basis 
                for providing the assistance;
                  (F) the date on which notice for such 
                assistance was provided under subsection (a) 
                and the date on which such notice was made 
                publicly available under subsection (c); and
                  (G) any other facts or circumstances that the 
                Director determines are relevant.
          (3) Form of report.--Each report required under this 
        subsection shall be submitted in unclassified form, but 
        may include a classified annex.
  (g) Definitions.--In this section:
          (1) The term ``covered agency'' means any element of 
        the intelligence community.
          (2) The term ``civil disobedience'' means--
                  (A) a protest, rally, march, demonstration; 
                or
                  (B) an active, professed refusal of a citizen 
                to obey a law, demand, order, or command of a 
                government.
          (3) The term ``domestic civil disturbance'' means any 
        activity arising from a mass act (including a protest, 
        demonstration, riot, or strike) in which the 
        participants become hostile toward authority, 
        including--
                  (A) the exercise of first amendment rights by 
                protesters;
                  (B) violence or property destruction incident 
                to protests; and
                  (C) obstruction of publicly available spaces, 
                including obstruction of roads or camping 
                symbolically in public places.
          (4) The term ``support'' includes pre-deployment 
        intelligence support provided to members of the Armed 
        Forces responding or preparing to respond to a civil 
        disobedience or domestic civil disturbance.
          (5) The term ``appropriate committees of Congress'' 
        means--
                  (A) the Permanent Select Committee on 
                Intelligence and the Subcommittee on Defense of 
                the Committee on Appropriations;
                  (B) the Select Committee on Intelligence and 
                the Subcommittee on Defense of the Committee on 
                Appropriations of the Senate; and
                  (C) in the case of support provided by a 
                select agency within the Department of Defense, 
                the Committees on Armed Services of the Senate 
                and House of Representatives.
          (6) The term ``covered recipient'' means--
                  (A) the Inspector General of the Intelligence 
                Community;
                  (B) the inspector general of the agency 
                providing support; and
                  (C) the Attorney General.

           *       *       *       *       *       *       *


         TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE

Subtitle A--Science and Technology

           *       *       *       *       *       *       *


SEC. 1003. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY, 
                    ENGINEERING, ARTS, AND MATHEMATICS.

  (a) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        includes a department or agency of the Federal 
        Government, a State, a political subdivision of a 
        State, an individual, and a not-for-profit or other 
        organization in the private sector.
          (2) Educational institution.--The term ``educational 
        institution'' includes any public or private elementary 
        school or secondary school, institution of higher 
        education, college, university, or any other profit or 
        nonprofit institution that is dedicated to improving 
        science, technology, engineering, the arts, 
        mathematics, business, law, medicine, or other fields 
        that promote development and education relating to 
        science, technology, engineering, the arts, 
        mathematics, business, law, and medicine.
          (3) State.--The term ``State'' means each of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the 
        Northern Mariana Islands, and any other territory or 
        possession of the United States.
  (b) Requirements.--Each head of an element of the 
intelligence community shall, on a continuing basis--
          (1) identify actions that the head may take to 
        improve education in the scientific, technology, 
        engineering, the arts, and mathematics (known as 
        ``STEAM'') skills necessary to meet the long-term 
        national security needs of the United States for 
        personnel proficient in such skills; and
          (2) establish and conduct programs to carry out such 
        actions.
  (c) Authorities.--
          (1) In general.--The head of an element of the 
        intelligence community, in support of educational 
        programs in science, technology, engineering, the arts, 
        and mathematics, may--
                  (A) award grants to eligible entities;
                  (B) provide cash awards and other items to 
                eligible entities;
                  (C) accept voluntary services from eligible 
                entities;
                  (D) support national competition judging, 
                other educational event activities, and 
                associated award ceremonies in connection with 
                such educational programs; and
                  (E) enter into one or more education 
                partnership agreements with educational 
                institutions in the United States for the 
                purpose of encouraging and enhancing study in 
                science, technology, engineering, the arts, and 
                mathematics disciplines at all levels of 
                education.
          (2) Education partnership agreements.--
                  (A) Nature of assistance provided.--Under an 
                education partnership agreement entered into 
                with an educational institution under paragraph 
                (1)(E), the head of an element of the 
                intelligence community may provide assistance 
                to the educational institution by--
                          (i) loaning equipment to the 
                        educational institution for any purpose 
                        and duration in support of such 
                        agreement that the head considers 
                        appropriate;
                          (ii) making personnel available to 
                        teach science courses or to assist in 
                        the development of science courses and 
                        materials for the educational 
                        institution;
                          (iii) providing sabbatical 
                        opportunities for faculty and 
                        internship opportunities for students;
                          (iv) involving faculty and students 
                        of the educational institution in 
                        projects of that element of the 
                        intelligence community, including 
                        research and technology transfer or 
                        transition projects;
                          (v) cooperating with the educational 
                        institution in developing a program 
                        under which students may be given 
                        academic credit for work on projects of 
                        that element of the intelligence 
                        community, including research and 
                        technology transfer for transition 
                        projects; and
                          (vi) providing academic and career 
                        advice and assistance to students of 
                        the educational institution.
                  (B) Priorities.--In entering into education 
                partnership agreements under paragraph (1)(E), 
                the head of an element of the intelligence 
                community shall prioritize entering into 
                education partnership agreements with the 
                following:
                          (i) Historically Black colleges and 
                        universities and other minority-serving 
                        institutions, as described in section 
                        371(a) of the Higher Education Act of 
                        1965 (20 U.S.C. 1067q(a)).
                          (ii) Educational institutions serving 
                        women, members of minority groups, and 
                        other groups of individuals who 
                        traditionally are involved in the 
                        science, technology, engineering, arts, 
                        and mathematics professions in 
                        disproportionately low numbers.
  (d) Designation of Advisor.--Each head of an element of the 
intelligence community shall designate one or more individuals 
within that element to advise and assist the head regarding 
matters relating to science, technology, engineering, the arts, 
and mathematics education and training.
  (e) Coordination.--Each head of an element of the 
intelligence community (other than the Director of National 
Intelligence) shall carry out this section in coordination with 
the Director of National Intelligence.

           *       *       *       *       *       *       *


TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 1107A. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S 
                    REPUBLIC OF CHINA IN THE HONG KONG SPECIAL 
                    ADMINISTRATIVE REGION.

  (a) Requirement.--On an annual basis through 2047, the 
Director of National Intelligence shall submit to the 
appropriate congressional committees, and make publicly 
available on the internet website of the Director, a report on 
the presence and activities of Chinese security services 
operating within the Hong Kong Special Administrative Region.
  (b) Contents.--Each report under subsection (a) shall 
include, with respect to the year covered by the report, the 
following:
          (1) Identification of the approximate number of 
        personnel affiliated with Chinese security services 
        operating within the Hong Kong Special Administrative 
        Region, including a breakdown of such personnel by the 
        specific security service and the division of the 
        security service, and (to the extent possible) an 
        identification of any such personnel associated with 
        the national security division of the Hong Kong Police 
        Force.
          (2) A description of the command and control 
        structures of such security services, including 
        information regarding the extent to which such security 
        services are controlled by the Government of the Hong 
        Kong Special Administrative Region or the Government of 
        the People's Republic of China.
          (3) A description of the working relationship and 
        coordination mechanisms of the Chinese security 
        services with the police force of the Hong Kong Special 
        Administrative Region.
          (4) A description of the activities conducted by 
        Chinese security services operating within the Hong 
        Kong Special Administrative Region, including--
                  (A) information regarding the extent to which 
                such security services, and officers associated 
                with the national security division of the Hong 
                Kong Police Force, are engaged in frontline 
                policing, serving in advisory and assistance 
                roles, or both;
                  (B) an assessment of the likelihood of such 
                security services conducting renditions of 
                individuals from the Hong Kong Special 
                Administrative Region to China and a listing of 
                every known individual subject to such 
                rendition during the year covered by the 
                report; and
                  (C) an assessment of how such activities 
                conducted by Chinese security services 
                contribute to self-censorship and corruption 
                within the Hong Kong Special Administrative 
                Region.
          (5) A discussion of the doctrine and tactics employed 
        by Chinese security services operating within the Hong 
        Kong Special Administrative Region, including an 
        overview of the extent to which such security services 
        employ surveillance, detection, and control methods, 
        including ``high-tech'' policing models and 
        ``preventative policing tactics'', that are consistent 
        with the rise of digital authoritarianism, and used in 
        a manner similar to methods used in the Xinjiang region 
        of China.
          (6) An overview of the funding for Chinese security 
        services operating within the Hong Kong Special 
        Administrative Region, including an assessment of the 
        extent to which funding is drawn locally from the Hong 
        Kong Special Administrative Region Government or from 
        the Government of China.
          (7) A discussion of the various surveillance 
        technologies used by security services operating within 
        the Hong Kong Special Administrative Region, 
        including--
                  (A) a list of the key companies that provide 
                such technologies; and
                  (B) an assessment of the degree to which such 
                technologies can be accessed by Chinese 
                security services operating within the Hong 
                Kong Special Administrative Region.
  (c) Coordination.--In carrying out subsection (a), the 
Director shall coordinate with the Director of the Central 
Intelligence Agency, the Director of the National Security 
Agency, the Director of the Defense Intelligence Agency, the 
Director of the National Geospatial-Intelligence Agency, the 
Assistant Secretary of State for the Bureau of Intelligence and 
Research, and any other relevant head of an element of the 
intelligence community.
  (d) Form.--Each report submitted to the appropriate 
congressional committees under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
  (e) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the congressional intelligence 
                committees;
                  (B) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                  (C) the Committee on Foreign Relations and 
                the Committee on Armed Services of the Senate.
          (2) Chinese security services.--The term ``Chinese 
        security services'' means--
                  (A) the security services of the Government 
                of the People's Republic of China, including 
                the Ministry of State Security and the Ministry 
                of Public Security; and
                  (B) any known front organizations or aliases 
                associated with such security services, 
                including officers associated with the national 
                security division of the Hong Kong Police Force 
                and other officers of the Hong Kong Police 
                Force selected by the Committee for 
                Safeguarding National Security to work on 
                matters relating to national security.

           *       *       *       *       *       *       *


SEC. 1109. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM AMERICAN 
                    SOURCES.

  (a) Requirement.--Beginning January 1, 2021, except as 
provided in subsection (b), a covered element of the 
intelligence community may not award a contract for a national 
security satellite if the satellite uses a star tracker that is 
not produced in the United States, including with respect to 
both the software and the hardware of the star tracker.
  (b) Exception.--The head of a covered element of the 
intelligence community may waive the requirement under 
subsection (a) if, on a case-by-case basis, the head certifies 
in writing to the congressional intelligence committees that--
          (1) there is no available star tracker produced in 
        the United States that meets the mission and design 
        requirements of the national security satellite for 
        which the star tracker will be used;
          (2) the cost of a star tracker produced in the United 
        States is unreasonable, based on a market survey; or
          (3) such waiver is necessary for the national 
        security interests of the United States based on an 
        urgent and compelling need.
  (c) Definitions.--In this section:
          (1) Covered element of the intelligence community.--
        The term ``covered element of the intelligence 
        community'' means an element of the intelligence 
        community that is not an element of the Department of 
        Defense.
          (2) National security satellite.--The term ``national 
        security satellite'' means a satellite weighing over 
        400 pounds whose principle purpose is to support the 
        national security or intelligence needs of the United 
        States Government.
          (3) United states.--The term ``United States'' means 
        the several States, the District of Columbia, and the 
        territories and possessions of the United States.

SEC. 1110. ANNUAL REPORTS ON RESEARCH AND DEVELOPMENT FOR SCIENTIFIC 
                    AND TECHNOLOGICAL ADVANCEMENTS.

  (a) Requirement.--On an annual basis, the Director of 
National Intelligence shall submit to the appropriate 
congressional committees a report on research and development 
activities conducted by adversaries of the United States 
regarding scientific and technological advancements.
  (b) Form.--The report under subsection (a) shall be submitted 
in classified form.
  (c) Appropriate Congressional Committee Defined.--In this 
section, the term ``appropriate congressional committees'' 
means the following:
          (1) The Permanent Select Committee on Intelligence 
        and the Committee on Armed Services of the House of 
        Representatives.
          (2) The Select Committee on Intelligence and the 
        Committee on Armed Services of the Senate.

SEC. 1111. ANNUAL INTELLIGENCE ASSESSMENTS ON RELATIONSHIP BETWEEN 
                    WOMEN AND VIOLENT EXTREMISM.

  (a) Requirement.--Not later than 180 days after the date of 
the enactment of this section, the Director of National 
Intelligence, in consultation with the Secretary of Defense, 
the Secretary of State, and the head of any element of the 
intelligence community the Director determines appropriate, 
shall submit to the appropriate congressional committees an 
intelligence assessment on the relationship between women and 
violent extremism and terrorism.
  (b) Contents.--The intelligence assessment under subsection 
(a) shall address the following:
          (1) The historical trends and current state of the 
        roles of women in all aspects of violent extremism and 
        terrorism, including as recruiters, sympathizers, 
        perpetrators, and combatants, as well as peace-builders 
        and preventers of violent extremism and terrorism.
          (2) How the roles of women in all aspects of violent 
        extremism and terrorism are likely to change in the 
        near- and medium-term.
          (3) The extent to which the unequal status of women 
        affects the ability of armed combatants and terrorist 
        groups to enlist or conscript women and men as 
        combatants and perpetrators of violence.
          (4) How terrorist groups violate the rights of women 
        and girls, including through child, early, and forced 
        marriage, abduction, sexual violence, and human 
        trafficking, and the extent to which such violations 
        contribute to the spread of conflict and terrorist 
        activities.
          (5) Opportunities to address the security risk posed 
        by female extremists and leverage the roles of women in 
        counterterrorism efforts.
          (6) Approaches and challenges to identify, 
        repatriate, and reintegrate women affiliated with 
        violent extremist or terrorist groups, including 
        through disarmament, demobilization, and reintegration 
        programs.
  (c) Annual Updates.--On an annual basis, the Director shall 
submit to the appropriate congressional committees an update to 
the intelligence assessment under subsection (a).
  (d) Form.--The assessment submitted to the appropriate 
congressional committees under subsection (a), and each update 
submitted under subsection (c), shall be submitted in 
unclassified form, but may include a classified annex.
  (e) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the congressional intelligence committees;
          (2) the Committee on Foreign Affairs and the 
        Committee on Armed Services of the House of 
        Representatives; and
          (3) the Committee on Foreign Relations and the 
        Committee on Armed Services of the Senate.

SEC. 1112. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL 
                    LIBERTIES, AND CIVIL RIGHTS OF CHINESE AMERICANS.

  (a) Sense of Congress.--It is the sense of Congress that--
          (1) the People's Republic of China appears to be 
        specifically targeting the Chinese-American community 
        for intelligence purposes;
          (2) such targeting carries a substantial risk that 
        the loyalty of such Americans may be generally 
        questioned and lead to unacceptable stereotyping, 
        targeting, and racial profiling;
          (3) the United States Government has a duty to warn 
        and protect all Americans including those of Chinese 
        descent from these intelligence efforts by the People's 
        Republic of China;
          (4) the broad stereotyping, targeting, and racial 
        profiling of Americans of Chinese descent is contrary 
        to the values of the United States and reinforces the 
        flawed narrative perpetuated by the People's Republic 
        of China that ethnically Chinese individuals worldwide 
        have a duty to support the People's Republic of China; 
        and
          (5) the United States efforts to combat the People's 
        Republic of China's intelligence activities should 
        actively safeguard and promote the constitutional 
        rights of all Chinese Americans.
  (b) Report.--On an annual basis, the Director of National 
Intelligence, acting through the Office of Civil Liberties, 
Privacy, and Transparency, in coordination with the civil 
liberties and privacy officers of the elements of the 
intelligence community, shall submit a report to the 
congressional intelligence committees containing--
          (1) a review of how the policies, procedures, and 
        practices of the intelligence community that govern the 
        intelligence activities and operations targeting the 
        People's Republic of China affect policies, procedures, 
        and practices relating to the privacy, civil liberties, 
        and civil rights of Americans of Chinese descent who 
        may be targets of espionage and influence operations by 
        China; and
          (2) recommendations to ensure that the privacy, civil 
        liberties, and civil rights of Americans of Chinese 
        descent are sufficiently protected.
  (c) Form.--The report under subsection (b) shall be submitted 
in unclassified form, but may include a classified annex.

           *       *       *       *       *       *       *


  TITLE XII--MATTERS REGARDING INSPECTORS GENERAL OF ELEMENTS OF THE 
                         INTELLIGENCE COMMUNITY

                     Subtitle A--Inspectors General

SEC. 1201. INDEPENDENCE OF INSPECTORS GENERAL.

  (a) Removal.--A covered Inspector General may be removed from 
office only by the President. The President may remove a 
covered Inspector General only for any of the following 
grounds:
          (1) Permanent incapacity.
          (2) Inefficiency.
          (3) Neglect of duty.
          (4) Malfeasance.
          (5) Conviction of a felony or conduct involving moral 
        turpitude.
          (6) Substantial violations of laws, rules, or 
        regulations.
          (7) Gross mismanagement.
          (8) Gross waste of funds.
          (9) Abuse of authority.
  (b) Administrative Leave.--A covered Inspector General may be 
placed on administrative leave only by the President. The 
President may place a covered Inspector General on 
administrative leave only for any of the grounds specified in 
subsection (a).
  (c) Notification.--The President may not remove a covered 
Inspector General under subsection (a) or place a covered 
Inspector General on administrative leave under subsection (b) 
unless--
          (1) the President transmits in writing to the 
        congressional intelligence committees a notification of 
        such removal or placement, including a detailed 
        explanation of the grounds for such removal or 
        placement and the evidence supporting such grounds; and
          (2) with respect to the removal of a covered 
        Inspector General, a period of 30 days elapses 
        following the date of such transmittal.
  (d) Report.--Not later than 30 days after the date on which 
the President notifies a covered Inspector General of being 
removed under subsection (a) or placed on administrative leave 
under subsection (b), the office of that Inspector General 
shall submit to the congressional intelligence committees a 
report identifying--
          (1) each complaint, investigation, inspection, audit, 
        or other review or inquiry, including any information, 
        allegation, or complaint reported to the Attorney 
        General in accordance with section 535 of title 28, 
        United States Code, that the Inspector General was 
        working on as of the date of such removal or placement; 
        and
          (2) the status of each such complaint, investigation, 
        inspection, audit, or other review or inquiry.
  (e) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a personnel action of a covered Inspector 
General otherwise authorized by law, other than transfer or 
removal.
  (f) Definitions.--In this section:
          (1) Administrative leave.--The term ``administrative 
        leave'' includes any other type of paid or unpaid non-
        duty status.
          (2) Covered inspector general.--The term ``covered 
        Inspector General'' includes an individual performing 
        the functions and duties of a covered Inspector General 
        in an acting capacity.

SEC. 1203. DESIGNATION OF ACTING INSPECTORS GENERAL OF THE INTELLIGENCE 
                    COMMUNITY IN CASES OF VACANCIES.

  (a) Designation.--If a covered Inspector General dies, 
resigns, is removed from office, or is otherwise unable to 
perform the functions and duties of the office of that 
Inspector General, the President may only direct an individual 
specified in subsection (b) to perform the functions and duties 
of that Inspector General in an acting capacity until an 
individual is appointed by the President, by and with the 
advice and consent of the Senate, to serve as Inspector 
General.
  (b) Individuals who Can Serve in Acting Capacity.--The 
following individuals may serve as an acting Inspector General 
pursuant to subsection (a):
          (1) The individual who holds the most senior position 
        in that Office of the Inspector General as a career 
        appointee in the Senior Intelligence Service, the 
        Senior National Intelligence Service, or other 
        applicable senior executive service.
          (2) An individual who is serving as an inspector 
        general of another department, agency, or other element 
        of the Federal Government whose appointment to that 
        position was made by the President, by and with the 
        advice and consent of the Senate.

SEC. 1205. DETERMINATION OF MATTERS OF URGENT CONCERN.

  (a) Determination.--Each covered Inspector General shall have 
sole authority to determine whether any complaint or 
information reported to the Inspector General is a matter of 
urgent concern. Such determination is final and conclusive.
  (b) Foreign Interference in Elections.--In addition to any 
other matter which is considered an urgent concern pursuant to 
section 103H(k)(5)(G), section 17(d)(5)(G) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)(G)), or 
other applicable provision of law, the term ``urgent concern'' 
includes a serious or flagrant problem, abuse, violation of law 
or Executive order, or deficiency relating to foreign 
interference in elections in the United States.

SEC. 1207. COORDINATION WITH OTHER PROVISIONS OF LAW.

  No provision of law that is inconsistent with any provision 
of this title shall be considered to supersede, repeal, or 
otherwise modify a provision of this title unless such other 
provision of law specifically cites a provision of this title 
in order to supersede, repeal, or otherwise modify that 
provision of this title.

               Subtitle B--Protections for Whistleblowers

SEC. [1104.]  1221. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE 
                    COMMUNITY.

  (a) Definitions.--In this section:
          (1) Agency.--The term ``agency'' means an executive 
        department or independent establishment, as defined 
        under sections 101 and 104 of title 5, United States 
        Code, that contains an intelligence community element, 
        except the Federal Bureau of Investigation.
          (2) Covered intelligence community element.--The term 
        ``covered intelligence community element''--
                  (A) means--
                          (i) the Central Intelligence Agency, 
                        the Defense Intelligence Agency, the 
                        National Geospatial-Intelligence 
                        Agency, the National Security Agency, 
                        the Office of the Director of National 
                        Intelligence, and the National 
                        Reconnaissance Office; and
                          (ii) any executive agency or unit 
                        thereof determined by the President 
                        under section 2302(a)(2)(C)(ii) of 
                        title 5, United States Code, to have as 
                        its principal function the conduct of 
                        foreign intelligence or 
                        counterintelligence activities; and
                  (B) does not include the Federal Bureau of 
                Investigation.
          (3) Personnel action.--The term ``personnel action'' 
        means, with respect to an employee in a position in a 
        covered intelligence community element (other than a 
        position excepted from the competitive service due to 
        its confidential, policy-determining, policymaking, or 
        policy-advocating character) or a contractor employee--
                  (A) an appointment;
                  (B) a promotion;
                  (C) a disciplinary or corrective action;
                  (D) a detail, transfer, or reassignment;
                  (E) a demotion, suspension, or termination;
                  (F) a reinstatement or restoration;
                  (G) a performance evaluation;
                  (H) a decision concerning pay, benefits, or 
                awards;
                  (I) a decision concerning education or 
                training if such education or training may 
                reasonably be expected to lead to an 
                appointment, promotion, or performance 
                evaluation[; or];
                  (J) a knowing and willful disclosure 
                revealing the identity or other personally 
                identifiable information of such employee or 
                such contractor employee without the express 
                written consent of such employee or such 
                contractor employee or if the Inspector General 
                determines it is necessary for the exclusive 
                purpose of investigating a complaint or 
                information received under section 8H of the 
                Inspector General Act of 1978 (5 U.S.C. App. 
                8H); or
                  [(J)] (K) any other significant change in 
                duties, responsibilities, or working 
                conditions.
          (4) Contractor employee.--The term ``contractor 
        employee'' means an employee of a contractor, 
        subcontractor, grantee, subgrantee, or personal 
        services contractor, of a covered intelligence 
        community element.
          (5) Employee.--The term ``employee'', with respect to 
        an agency or a covered intelligence community element, 
        includes an individual who has been detailed to such 
        agency or covered intelligence community element.
  (b) Agency Employees.--Any employee of an agency who has 
authority to take, direct others to take, recommend, or approve 
any personnel action, shall not, with respect to such 
authority, take or fail to take a personnel action with respect 
to any employee of a covered intelligence community element as 
a reprisal for a lawful disclosure of information by the 
employee to the Director of National Intelligence (or an 
employee designated by the Director of National Intelligence 
for such purpose), the Inspector General of the Intelligence 
Community, the head of the employing agency (or an employee 
designated by the head of that agency for such purpose), the 
appropriate inspector general of the employing agency, a 
congressional intelligence committee, or a member of a 
congressional intelligence committee, which the employee 
reasonably believes evidences--
          (1) a violation of any Federal law, rule, or 
        regulation; or
          (2) mismanagement, a gross waste of funds, an abuse 
        of authority, or a substantial and specific danger to 
        public health or safety.
  (c) Contractor Employees.--(1) Any employee of a contractor, 
subcontractor, grantee, subgrantee, or personal services 
contractor, of a covered intelligence community element who has 
authority to take, direct others to take, recommend, or approve 
any personnel action, shall not, with respect to such 
authority, take or fail to take a personnel action with respect 
to any contractor employee as a reprisal for a lawful 
disclosure of information by the contractor employee to the 
Director of National Intelligence (or an employee designated by 
the Director of National Intelligence for such purpose), the 
Inspector General of the Intelligence Community, the head of 
the contracting agency (or an employee designated by the head 
of that agency for such purpose), the appropriate inspector 
general of the contracting agency, a congressional intelligence 
committee, or a member of a congressional intelligence 
committee, which the contractor employee reasonably believes 
evidences--
          (A) a violation of any Federal law, rule, or 
        regulation (including with respect to evidence of 
        another employee or contractor employee accessing or 
        sharing classified information without authorization); 
        or
          (B) gross mismanagement, a gross waste of funds, an 
        abuse of authority, or a substantial and specific 
        danger to public health or safety.
  (2) A personnel action under paragraph (1) is prohibited even 
if the action is undertaken at the request of an agency 
official, unless the request takes the form of a 
nondiscretionary directive and is within the authority of the 
agency official making the request.
  [(d) Enforcement.--The President shall provide for the 
enforcement of this section.]
  (d) Enforcement.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the President shall provide for the 
        enforcement of this section.
          (2) Private right of action for unlawful, willful 
        disclosure of whistleblower identity.--In a case in 
        which an employee of an agency, or other employee or 
        officer of the Federal Government, takes a personnel 
        action described in subsection (a)(3)(J) against an 
        employee of a covered intelligence community element as 
        a reprisal in violation of subsection (b) or in a case 
        in which a contractor employee takes a personnel action 
        described in such subsection against another contractor 
        employee as a reprisal in violation of subsection (c), 
        the employee or contractor employee against whom the 
        personnel action was taken may bring a private action 
        for all appropriate remedies, including injunctive 
        relief and compensatory and punitive damages, against 
        the employee or contractor employee who took the 
        personnel action, in a Federal district court of 
        competent jurisdiction within 180 days of when the 
        employee or contractor employee first learned of or 
        should have learned of the violation.
  (e) Existing Rights Preserved.--Nothing in this section shall 
be construed to--
          (1) preempt or preclude any employee, contractor 
        employee, or applicant for employment, at the Federal 
        Bureau of Investigation from exercising rights provided 
        under any other law, rule, or regulation, including 
        section 2303 of title 5, United States Code; or
          (2) repeal section 2303 of title 5, United States 
        Code.

SEC. 1223. LIMITATION ON SHARING OF INTELLIGENCE COMMUNITY 
                    WHISTLEBLOWER COMPLAINTS WITH PERSONS NAMED IN SUCH 
                    COMPLAINTS.

  (a) In General.--It shall be unlawful for any employee or 
officer of the Federal Government to knowingly and willfully 
share any whistleblower disclosure information with any 
individual named as a subject of the whistleblower disclosure 
and alleged in the disclosure to have engaged in misconduct, 
unless--
          (1) the whistleblower consented, in writing, to such 
        sharing before the sharing occurs;
          (2) a covered Inspector General to whom such 
        disclosure is made--
                  (A) determines that such sharing is 
                unavoidable and necessary to advance an 
                investigation, audit, inspection, or evaluation 
                by the Inspector General; and
                  (B) notifies the whistleblower of such 
                sharing before the sharing occurs; or
          (3) an attorney for the Government--
                  (A) determines that such sharing is 
                unavoidable and necessary to advance an 
                investigation by the attorney; and
                  (B) notifies the whistleblower of such 
                sharing before the sharing occurs.
  (b) Penalty.--Any person who violates subsection (a) shall be 
fined in accordance with title 18, United States Code, 
imprisoned for not more than 2 years, or both.
  (c) Whistleblower Disclosure Information Defined.--In this 
section, the term ``whistleblower disclosure information'' 
means, with respect to a whistleblower disclosure--
          (1) the disclosure;
          (2) confirmation of the fact of the existence of the 
        disclosure; or
          (3) the identity, or other identifying information, 
        of the whistleblower who made the disclosure.

SEC. [1106.]  1225. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.

  (a) Request for Review.--An individual with a claim described 
in subsection (b) may submit to the Inspector General of the 
Intelligence Community a request for a review of such claim by 
an external review panel convened under subsection (c).
  (b) Claims and Individuals Described.--A claim described in 
this subsection is any--
          (1) claim by an individual--
                  (A) that the individual has been subjected to 
                a personnel action that is prohibited under 
                [section 1104] section 1221; and
                  (B) who has exhausted the applicable review 
                process for the claim pursuant to enforcement 
                of such section; or
          (2) claim by an individual--
                  (A) that he or she has been subjected to a 
                reprisal prohibited by paragraph (1) of section 
                3001(j) of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (50 U.S.C. 
                3341(j)); and
                  (B) who received a decision on an appeal 
                regarding that claim under paragraph (4) of 
                such section.
  (c) External Review Panel Convened.--
          (1) Discretion to convene.--Upon receipt of a request 
        under subsection (a) regarding a claim, the Inspector 
        General of the Intelligence Community may, at the 
        discretion of the Inspector General, convene an 
        external review panel under this subsection to review 
        the claim.
          (2) Membership.--
                  (A) Composition.--An external review panel 
                convened under this subsection shall be 
                composed of three members as follows:
                          (i) The Inspector General of the 
                        Intelligence Community.
                          (ii) Except as provided in 
                        subparagraph (B), two members selected 
                        by the Inspector General as the 
                        Inspector General considers appropriate 
                        on a case-by-case basis from among 
                        inspectors general of the following:
                                  (I) The Department of 
                                Defense.
                                  (II) The Department of 
                                Energy.
                                  (III) The Department of 
                                Homeland Security.
                                  (IV) The Department of 
                                Justice.
                                  (V) The Department of State.
                                  (VI) The Department of the 
                                Treasury.
                                  (VII) The Central 
                                Intelligence Agency.
                                  (VIII) The Defense 
                                Intelligence Agency.
                                  (IX) The National Geospatial-
                                Intelligence Agency.
                                  (X) The National 
                                Reconnaissance Office.
                                  (XI) The National Security 
                                Agency.
                  (B) Limitation.--An inspector general of an 
                agency may not be selected to sit on the panel 
                under subparagraph (A)(ii) to review any matter 
                relating to a decision made by such agency.
                  (C) Chairperson.--
                          (i) In general.--Except as provided 
                        in clause (ii), the chairperson of any 
                        panel convened under this subsection 
                        shall be the Inspector General of the 
                        Intelligence Community.
                          (ii) Conflicts of interest.--If the 
                        Inspector General of the Intelligence 
                        Community finds cause to recuse himself 
                        or herself from a panel convened under 
                        this subsection, the Inspector General 
                        of the Intelligence Community shall--
                                  (I) select a chairperson from 
                                inspectors general of the 
                                elements listed under 
                                subparagraph (A)(ii) whom the 
                                Inspector General of the 
                                Intelligence Community 
                                considers appropriate; and
                                  (II) notify the congressional 
                                intelligence committees of such 
                                selection.
          (3) Period of review.--Each external review panel 
        convened under this subsection to review a claim shall 
        complete review of the claim no later than 270 days 
        after the date on which the Inspector General convenes 
        the external review panel.
  (d) Remedies.--
          (1) Panel recommendations.--If an external review 
        panel convened under subsection (c) determines, 
        pursuant to a review of a claim submitted by an 
        individual under subsection (a), that the individual 
        was the subject of a personnel action prohibited under 
        [section 1104] section 1221 or was subjected to a 
        reprisal prohibited by section 3001(j)(1) of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (50 U.S.C. 3341(j)(1)), the panel may recommend 
        that the agency head take corrective action--
                  (A) in the case of an employee or former 
                employee--
                          (i) to return the employee or former 
                        employee, as nearly as practicable and 
                        reasonable, to the position such 
                        employee or former employee would have 
                        held had the reprisal not occurred; or
                          (ii) reconsider the employee's or 
                        former employee's eligibility for 
                        access to classified information 
                        consistent with national security; or
                  (B) in any other case, such other action as 
                the external review panel considers 
                appropriate.
          (2) Agency action.--
                  (A) In general.--Not later than 90 days after 
                the date on which the head of an agency 
                receives a recommendation from an external 
                review panel under paragraph (1), the head 
                shall--
                          (i) give full consideration to such 
                        recommendation; and
                          (ii) inform the panel and the 
                        Director of National Intelligence of 
                        what action the head has taken with 
                        respect to the recommendation.
                  (B) Failure to inform.--The Director shall 
                notify the President of any failures to comply 
                with subparagraph (A)(ii).
  (e) Annual Reports.--
          (1) In general.--Not less frequently than once each 
        year, the Inspector General of the Intelligence 
        Community shall submit to the congressional 
        intelligence committees and the Director of National 
        Intelligence a report on the activities under this 
        section during the previous year.
          (2) Contents.--Subject to such limitations as the 
        Inspector General of the Intelligence Community 
        considers necessary to protect the privacy of an 
        individual who has made a claim described in subsection 
        (b), each report submitted under paragraph (1) shall 
        include, for the period covered by the report, the 
        following:
                  (A) The determinations and recommendations 
                made by the external review panels convened 
                under this section.
                  (B) The responses of the heads of agencies 
                that received recommendations from the external 
                review panels.

SEC. 1227. PROCEDURES REGARDING DISCLOSURES TO CONGRESS.

  (a) Guidance.--
          (1) Obligation to provide security direction upon 
        request.--Upon the request of a whistleblower, the head 
        of the relevant element of the intelligence community, 
        acting through the covered Inspector General for that 
        element, shall furnish on a confidential basis to the 
        whistleblower information regarding how the 
        whistleblower may directly contact the congressional 
        intelligence committees, in accordance with appropriate 
        security practices, regarding a complaint or 
        information of the whistleblower pursuant to section 
        103H(k)(5)(D) or other appropriate provision of law.
          (2) Nondisclosure.--Unless a whistleblower who makes 
        a request under paragraph (1) provides prior consent, a 
        covered Inspector General may not disclose to the head 
        of the relevant element of the intelligence community--
                  (A) the identity of the whistleblower; or
                  (B) the element at which such whistleblower 
                is employed, detailed, or assigned as a 
                contractor employee.
  (b) Oversight of Obligation.--If a covered Inspector General 
determines that the head of an element of the intelligence 
community denied a request by a whistleblower under subsection 
(a), directed the whistleblower not to contact the 
congressional intelligence committees, or unreasonably delayed 
in providing information under such subsection, the covered 
Inspector General shall notify the congressional intelligence 
committees of such denial, direction, or unreasonable delay.
  (c) Permanent Security Officer.--The head of each element of 
the intelligence community may designate a permanent security 
officer in the element to provide to whistleblowers the 
information under subsection (a).
                              ----------                              


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1995



           *       *       *       *       *       *       *
TITLE VI--CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE COMMUNITY

           *       *       *       *       *       *       *


SEC. 602. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED PRIMARILY 
                    BY THE INTELLIGENCE COMMUNITY.

  (a) In General.--
          (1) In general.--Except as provided in subsection 
        (b), no project for the construction of any facility to 
        be used primarily by personnel of any component of the 
        intelligence community which has an estimated Federal 
        cost in excess of $5,000,000 may be undertaken in any 
        fiscal year unless such project is specifically 
        identified as a separate item in the President's annual 
        fiscal year budget request and is specifically 
        authorized by the Congress.
          (2) Notification.--In the case of a project for the 
        construction of any facility to be used primarily by 
        personnel of any component of the intelligence 
        community which has an estimated Federal cost greater 
        than [$1,000,000] $2,000,000 but less than $5,000,000, 
        or where any project for the improvement, repair, or 
        modification of such a facility has an estimated 
        Federal cost greater than [$1,000,000] $2,000,000, [the 
        Director of National Intelligence shall submit a 
        notification] the head of such component, in 
        coordination with and subject to the approval of the 
        Director of National Intelligence, shall submit a 
        notification to the intelligence committees 
        specifically identifying such project.
  (b) Exception.--
          (1) In general.--Notwithstanding subsection (a) but 
        subject to paragraphs (2) and (3), a project for the 
        construction of a facility to be used primarily by 
        personnel of any component of the intelligence 
        community may be carried out if the Secretary of 
        Defense and the Director of National Intelligence 
        jointly determine--
                  (A) that the project is vital to the national 
                security or to the protection of health, 
                safety, or the quality of the environment, and
                  (B) that the requirement for the project is 
                so urgent that deferral of the project for 
                inclusion in the next Act authorizing 
                appropriations for the intelligence community 
                would be inconsistent with national security or 
                the protection of health, safety, or 
                environmental quality, as the case may be.
          (2) Report.--(A) When a decision is made to carry out 
        a construction project under this subsection, the 
        Secretary of Defense and the Director of National 
        Intelligence jointly shall submit a report in writing 
        to the appropriate committees of Congress on that 
        decision. Each such report shall include (i) the 
        justification for the project and the current estimate 
        of the cost of the project, (ii) the justification for 
        carrying out the project under this subsection, and 
        (iii) a statement of the source of the funds to be used 
        to carry out the project. The project may then be 
        carried out only after the end of the 7-day period 
        beginning on the date the notification is received by 
        such committees.
          (B) Notwithstanding subparagraph (A), a project 
        referred to in paragraph (1) may begin on the date the 
        notification is received by the appropriate committees 
        of Congress under that paragraph if the Director of 
        National Intelligence and the Secretary of Defense 
        jointly determine that--
                  (i) an emergency exists with respect to the 
                national security or the protection of health, 
                safety, or environmental quality; and
                  (ii) any delay in the commencement of the 
                project would harm any or all of those 
                interests.
          (3) Projects primarily for cia.--If a project 
        referred to in paragraph (1) is primarily for the 
        Central Intelligence Agency, the Director of the 
        Central Intelligence Agency shall make the 
        determination and submit the report required by 
        paragraphs (1) and (2).
          (4) Limitation.--A project carried out under this 
        subsection shall be carried out within the total amount 
        of funds appropriated for intelligence and 
        intelligence-related activities that have not been 
        obligated.
  (c) Application.--This section shall not apply to any project 
which is subject to subsection (a)(1)(A) or (c) of section 601.

           *       *       *       *       *       *       *

                              ----------                              


                CENTRAL INTELLIGENCE AGENCY ACT OF 1949



           *       *       *       *       *       *       *
SEC. 17. INSPECTOR GENERAL FOR THE AGENCY.

  (a) Purpose; Establishment.--In order to--
          (1) create an objective and effective office, 
        appropriately accountable to Congress, to initiate and 
        conduct independently inspections, investigations, and 
        audits relating to programs and operations of the 
        Agency;
          (2) provide leadership and recommend policies 
        designed to promote economy, efficiency, and 
        effectiveness in the administration of such programs 
        and operations, and detect fraud and abuse in such 
        programs and operations;
          (3) provide a means for keeping the Director fully 
        and currently informed about problems and deficiencies 
        relating to the administration of such programs and 
        operations, and the necessity for and the progress of 
        corrective actions; and
          (4) in the manner prescribed by this section, ensure 
        that the Senate Select Committee on Intelligence and 
        the House Permanent Select Committee on Intelligence 
        (hereafter in this section referred to collectively as 
        the ``intelligence committees'') are kept similarly 
        informed of significant problems and deficiencies as 
        well as the necessity for and the progress of 
        corrective actions,
there is hereby established in the Agency an Office of 
Inspector General (hereafter in this section referred to as the 
``Office'').
  (b) Appointment; Supervision; Removal.--(1) There shall be at 
the head of the Office an Inspector General who shall be 
appointed by the President, by and with the advice and consent 
of the Senate. This appointment shall be made without regard to 
political affiliation and shall be on the basis of integrity 
and demonstrated ability in accounting, auditing, financial 
analysis, law, management analysis, public administration, or 
investigation. Such appointment shall also be made on the basis 
of compliance with the security standards of the Agency and 
prior experience in the field of foreign intelligence.
  (2) The Inspector General shall report directly to and be 
under the general supervision of the Director.
  (3) The Director may prohibit the Inspector General from 
initiating, carrying out, or completing any audit, inspection, 
or investigation if the Director determines that such 
prohibition is necessary to protect vital national security 
interests of the United States.
  (4) If the Director exercises any power under paragraph (3), 
he shall submit an appropriately classified statement of the 
reasons for the exercise of such power within seven days to the 
intelligence committees. The Director shall advise the 
Inspector General at the time such report is submitted, and, to 
the extent consistent with the protection of intelligence 
sources and methods, provide the Inspector General with a copy 
of any such report. In such cases, the Inspector General may 
submit such comments to the intelligence committees that he 
considers appropriate.
  (5) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall report to the Attorney 
General any information, allegation, or complaint received by 
the Inspector General relating to violations of Federal 
criminal law that involve a program or operation of the Agency, 
consistent with such guidelines as may be issued by the 
Attorney General pursuant to subsection (b)(2) of such section. 
A copy of all such reports shall be furnished to the Director.
  [(6) The Inspector General may be removed from office only by 
the President. The President shall communicate in writing to 
the intelligence committees the reasons for any such removal 
not later than 30 days prior to the effective date of such 
removal. Nothing in this paragraph shall be construed to 
prohibit a personnel action otherwise authorized by law, other 
than transfer or removal.]
  (6) The provisions of title XII of the National Security Act 
of 1947 shall apply to the Inspector General with respect to 
the removal of the Inspector General, a vacancy in the position 
of the Inspector General, and any other matter relating to the 
Inspector General as specifically provided for in such title.
  (c) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General appointed under this 
section--
          (1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        inspections, investigations, and audits relating to the 
        programs and operations of the Agency to ensure they 
        are conducted efficiently and in accordance with 
        applicable law and regulations;
          (2) to keep the Director fully and currently informed 
        concerning violations of law and regulations, fraud and 
        other serious problems, abuses and deficiencies that 
        may occur in such programs and operations, and to 
        report the progress made in implementing corrective 
        action;
          (3) to take due regard for the protection of 
        intelligence sources and methods in the preparation of 
        all reports issued by the Office, and, to the extent 
        consistent with the purpose and objective of such 
        reports, take such measures as may be appropriate to 
        minimize the disclosure of intelligence sources and 
        methods described in such reports; and
          (4) in the execution of his responsibilities, to 
        comply with generally accepted government auditing 
        standards.
  (d) Semiannual Reports; Immediate Reports of Serious or 
Flagrant Problems; Reports of Functional Problems; Reports to 
Congress on Urgent Concerns.--(1) The Inspector General shall, 
not later than October 31 and April 30 of each year, prepare 
and submit to the Director a classified semiannual report 
summarizing the activities of the Office during the immediately 
preceding six-month periods ending September 30 and March 31, 
respectively. Not later than 30 days after the date of the 
receipt of such reports, the Director shall transmit such 
reports to the intelligence committees with any comments he may 
deem appropriate. Such reports shall, at a minimum, include a 
list of the title or subject of each inspection, investigation, 
review, or audit conducted during the reporting period and--
          (A) a description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and operations of the Agency identified by the 
        Office during the reporting period;
          (B) a description of the recommendations for 
        corrective action made by the Office during the 
        reporting period with respect to significant problems, 
        abuses, or deficiencies identified in subparagraph (A);
          (C) a statement of whether corrective action has been 
        completed on each significant recommendation described 
        in previous semiannual reports, and, in a case where 
        corrective action has been completed, a description of 
        such corrective action;
          (D) a certification that the Inspector General has 
        had full and direct access to all information relevant 
        to the performance of his functions;
          (E) a description of the exercise of the subpoena 
        authority under subsection (e)(5) by the Inspector 
        General during the reporting period; and
          (F) such recommendations as the Inspector General may 
        wish to make concerning legislation to promote economy 
        and efficiency in the administration of programs and 
        operations undertaken by the Agency, and to detect and 
        eliminate fraud and abuse in such programs and 
        operations.
  (2) The Inspector General shall report immediately to the 
Director whenever he becomes aware of particularly serious or 
flagrant problems, abuses, or deficiencies relating to the 
administration of programs or operations. The Director shall 
transmit such report to the intelligence committees within 
seven calendar days, together with any comments he considers 
appropriate.
  (3) In the event that--
          (A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution 
        of the Inspector General's duties or responsibilities;
          (B) an investigation, inspection, or audit carried 
        out by the Inspector General should focus on any 
        current or former Agency official who--
                  (i) holds or held a position in the Agency 
                that is subject to appointment by the 
                President, by and with the advice and consent 
                of the Senate, including such a position held 
                on an acting basis; or
                  (ii) holds or held the position in the 
                Agency, including such a position held on an 
                acting basis, of--
                          (I) Deputy Director;
                          (II) Associate Deputy Director;
                          (III) Director of the National 
                        Clandestine Service;
                          (IV) Director of Intelligence;
                          (V) Director of Support; or
                          (VI) Director of Science and 
                        Technology.
          (C) a matter requires a report by the Inspector 
        General to the Department of Justice on possible 
        criminal conduct by a current or former Agency official 
        described or referred to in subparagraph (B);
          (D) the Inspector General receives notice from the 
        Department of Justice declining or approving 
        prosecution of possible criminal conduct of any of the 
        officials described in subparagraph (B); or
          (E) the Inspector General, after exhausting all 
        possible alternatives, is unable to obtain significant 
        documentary information in the course of an 
        investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a 
report on such matter to the intelligence committees.
  (4) Pursuant to Title V of the National Security Act of 1947, 
the Director shall submit to the intelligence committees any 
report or findings and recommendations of an inspection, 
investigation, or audit conducted by the office which has been 
requested by the Chairman or Ranking Minority Member of either 
committee.
  (5)(A) An employee of the Agency, or of a contractor to the 
Agency, who intends to report to Congress a complaint or 
information with respect to an urgent concern may report such 
complaint or information to the Inspector General.
  (B)(i) Not later than the end of the 14-calendar day period 
beginning on the date of receipt from an employee of a 
complaint or information under subparagraph (A), the Inspector 
General shall determine whether the complaint or information 
appears credible. Upon making such a determination, the 
Inspector General shall transmit to the Director notice of that 
determination, together with the complaint or information.
  (ii) If the Director determines that a complaint or 
information transmitted under paragraph (1) would create a 
conflict of interest for the Director, the Director shall 
return the complaint or information to the Inspector General 
with that determination and the Inspector General shall make 
the transmission to the Director of National Intelligence. In 
such a case, the requirements of this subsection for the 
Director of the Central Intelligence Agency apply to the 
Director of National Intelligence
  (C) Upon receipt of a transmittal from the Inspector General 
under subparagraph (B), the Director shall, within 7 calendar 
days of such receipt, forward such transmittal to the 
intelligence committees, together with any comments the 
Director considers appropriate.
  (D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or 
information to the Director in accurate form under subparagraph 
(B), the employee (subject to clause (ii)) may submit the 
complaint or information to Congress by contacting either or 
both of the intelligence committees directly.
  (ii) The employee may contact the intelligence committees 
directly as described in clause (i) only if the employee--
          (I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of 
        the employee's complaint or information and notice of 
        the employee's intent to contact the intelligence 
        committees directly; and
          (II) obtains and follows from the Director, through 
        the Inspector General, direction on how to contact the 
        intelligence committees in accordance with appropriate 
        security practices.
  (iii) A member or employee of one of the intelligence 
committees who receives a complaint or information under clause 
(i) does so in that member or employee's official capacity as a 
member or employee of that committee.
  (E) The Inspector General shall notify an employee who 
reports a complaint or information to the Inspector General 
under this paragraph of each action taken under this paragraph 
with respect to the complaint or information. Such notice shall 
be provided not later than 3 days after any such action is 
taken.
  (F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
  (G) [In this paragraph] In accordance with section 1205 of 
the National Security Act of 1947, in this paragraph:
          (i) The term ``urgent concern'' means any of the 
        following:
                  (I) A serious or flagrant problem, abuse, 
                violation of law or Executive order, or 
                deficiency relating to the funding, 
                administration, or operations of an 
                intelligence activity involving classified 
                information, but does not include differences 
                of opinions concerning public policy matters.
                  (II) A false statement to Congress, or a 
                willful withholding from Congress, on an issue 
                of material fact relating to the funding, 
                administration, or operation of an intelligence 
                activity.
                  (III) An action, including a personnel action 
                described in section 2302(a)(2)(A) of title 5, 
                United States Code, constituting reprisal or 
                threat of reprisal prohibited under subsection 
                (e)(3)(B) in response to an employee's 
                reporting an urgent concern in accordance with 
                this paragraph.
          (ii) The term ``intelligence committees'' means the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Select Committee on 
        Intelligence of the Senate.
  (H) An individual who has submitted a complaint or 
information to the Inspector General under this section may 
notify any member of the Permanent Select Committee on 
Intelligence of the House of Representatives or the Select 
Committee on Intelligence of the Senate, or a staff member of 
either such Committee, of the fact that such individual has 
made a submission to the Inspector General, and of the date on 
which such submission was made.
  (e) Authorities of the Inspector General.--(1) The Inspector 
General shall have direct and prompt access to the Director 
when necessary for any purpose pertaining to the performance of 
his duties.
  (2) The Inspector General shall have access to any employee 
or any employee of a contractor of the Agency whose testimony 
is needed for the performance of his duties. In addition, he 
shall have direct access to all records, reports, audits, 
reviews, documents, papers, recommendations, or other material 
which relate to the programs and operations with respect to 
which the Inspector General has responsibilities under this 
section. Failure on the part of any employee or contractor to 
cooperate with the Inspector General shall be grounds for 
appropriate administrative actions by the Director, to include 
loss of employment or the termination of an existing 
contractual relationship.
  (3) The Inspector General is authorized to receive and 
investigate complaints or information from any person 
concerning the existence of an activity constituting a 
violation of laws, rules, or regulations, or mismanagement, 
gross waste of funds, abuse of authority, or a substantial and 
specific danger to the public health and safety. Once such 
complaint or information has been received from an employee of 
the Agency--
          (A) the Inspector General shall not disclose the 
        identity of the employee without the consent of the 
        employee, unless the Inspector General determines that 
        such disclosure is unavoidable during the course of the 
        investigation or the disclosure is made to an official 
        of the Department of Justice responsible for 
        determining whether a prosecution should be undertaken; 
        and
          (B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint or providing such 
        information may be taken by any employee of the Agency 
        in a position to take such actions, unless the 
        complaint was made or the information was disclosed 
        with the knowledge that it was false or with willful 
        disregard for its truth or falsity.
  (4) The Inspector General shall have authority to administer 
to or take from any person an oath, affirmation, or affidavit, 
whenever necessary in the performance of his duties, which oath 
affirmation, or affidavit when administered or taken by or 
before an employee of the Office designated by the Inspector 
General shall have the same force and effect as if administered 
or taken by or before an officer having a seal.
  (5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of 
all information, documents, reports, answers, records, 
accounts, papers, and other data in any medium (including 
electronically stored information or any tangible thing) and 
documentary evidence necessary in the performance of the duties 
and responsibilities of the Inspector General.
  (B) In the case of Government agencies, the Inspector General 
shall obtain information, documents, reports, answers, records, 
accounts, papers, and other data and evidence for the purpose 
specified in subparagraph (A) using procedures other than by 
subpoenas.
  (C) The Inspector General may not issue a subpoena for or on 
behalf of any other element or component of the Agency.
  (D) In the case of contumacy or refusal to obey a subpoena 
issued under this paragraph, the subpoena shall be enforceable 
by order of any appropriate district court of the United 
States.
  (6) The Inspector General shall be provided with appropriate 
and adequate office space at central and field office 
locations, together with such equipment, office supplies, 
maintenance services, and communications facilities and 
services as may be necessary for the operation of such offices.
  (7)(A) Subject to applicable law and the policies of the 
Director, the Inspector General shall select, appoint and 
employ such officers and employees as may be necessary to carry 
out his functions. In making such selections, the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable him to carry out 
his duties effectively. In this regard, the Inspector General 
shall create within his organization a career cadre of 
sufficient size to provide appropriate continuity and 
objectivity needed for the effective performance of his duties.
  (B) Consistent with budgetary and personnel resources 
allocated by the Director, the Inspector General has final 
approval of--
          (i) the selection of internal and external candidates 
        for employment with the Office of Inspector General; 
        and
          (ii) all other personnel decisions concerning 
        personnel permanently assigned to the Office of 
        Inspector General, including selection and appointment 
        to the Senior Intelligence Service, but excluding all 
        security-based determinations that are not within the 
        authority of a head of other Central Intelligence 
        Agency offices.
  (C)(i) The Inspector General may designate an officer or 
employee appointed in accordance with subparagraph (A) as a law 
enforcement officer solely for purposes of subchapter III of 
chapter 83 or chapter 84 of title 5, United States Code, if 
such officer or employee is appointed to a position with 
responsibility for investigating suspected offenses against the 
criminal laws of the United States.
  (ii) In carrying out clause (i), the Inspector General shall 
ensure that any authority under such clause is exercised in a 
manner consistent with section 3307 of title 5, United States 
Code, as it relates to law enforcement officers.
  (iii) For purposes of applying sections 3307(d), 8335(b), and 
8425(b) of title 5, United States Code, the Inspector General 
may exercise the functions, powers, and duties of an agency 
head or appointing authority with respect to the Office.
  (8)(A) The Inspector General shall--
          (i) appoint a Counsel to the Inspector General who 
        shall report to the Inspector General; or
          (ii) obtain the services of a counsel appointed by 
        and directly reporting to another Inspector General or 
        the Council of the Inspectors General on Integrity and 
        Efficiency on a reimbursable basis.
  (B) The counsel appointed or obtained under subparagraph (A) 
shall perform such functions as the Inspector General may 
prescribe.
  (9)(A) The Inspector General may request such information or 
assistance as may be necessary for carrying out the duties and 
responsibilities of the Inspector General provided by this 
section from any Federal, State, or local governmental agency 
or unit thereof.
  (B) Upon request of the Inspector General for information or 
assistance from a department or agency of the Federal 
Government, the head of the department or agency involved, 
insofar as practicable and not in contravention of any existing 
statutory restriction or regulation of such department or 
agency, shall furnish to the Inspector General, or to an 
authorized designee, such information or assistance.
  (C) Nothing in this paragraph may be construed to provide any 
new authority to the Central Intelligence Agency to conduct 
intelligence activity in the United States.
  (D) In this paragraph, the term ``State'' means each of the 
several States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
and any territory or possession of the United States.
  (f) Separate Budget Account.--(1) Beginning with fiscal year 
1991, and in accordance with procedures to be issued by the 
Director of National Intelligence in consultation with the 
intelligence committees, the Director of National Intelligence 
shall include in the National Intelligence Program budget a 
separate account for the Office of Inspector General 
established pursuant to this section.
  (2) For each fiscal year, the Inspector General shall 
transmit a budget estimate and request through the Director to 
the Director of National Intelligence that specifies for such 
fiscal year--
          (A) the aggregate amount requested for the operations 
        of the Inspector General;
          (B) the amount requested for all training 
        requirements of the Inspector General, including a 
        certification from the Inspector General that the 
        amount requested is sufficient to fund all training 
        requirements for the Office; and
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency, 
        including a justification for such amount.
  (3) In transmitting a proposed budget to the President for a 
fiscal year, the Director of National Intelligence shall 
include for such fiscal year--
          (A) the aggregate amount requested for the Inspector 
        General of the Central Intelligence Agency;
          (B) the amount requested for Inspector General 
        training;
          (C) the amount requested to support the Council of 
        the Inspectors General on Integrity and Efficiency; and
          (D) the comments of the Inspector General, if any, 
        with respect to such proposed budget.
  (4) The Director of National Intelligence shall submit to the 
Committee on Appropriations and the Select Committee on 
Intelligence of the Senate and the Committee on Appropriations 
and the Permanent Select Committee on Intelligence of the House 
of Representatives for each fiscal year--
          (A) a separate statement of the budget estimate 
        transmitted pursuant to paragraph (2);
          (B) the amount requested by the Director of National 
        Intelligence for the Inspector General pursuant to 
        paragraph (3)(A);
          (C) the amount requested by the Director of National 
        Intelligence for training of personnel of the Office of 
        the Inspector General pursuant to paragraph (3)(B);
          (D) the amount requested by the Director of National 
        Intelligence for support for the Council of the 
        Inspectors General on Integrity and Efficiency pursuant 
        to paragraph (3)(C); and
          (E) the comments of the Inspector General under 
        paragraph (3)(D), if any, on the amounts requested 
        pursuant to paragraph (3), including whether such 
        amounts would substantially inhibit the Inspector 
        General from performing the duties of the Office.
  (g) Transfer.--There shall be transferred to the Office the 
office of the Agency referred to as the ``Office of Inspector 
General.'' The personnel, assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds employed, held, 
used, arising from, or available to such ``Office of Inspector 
General'' are hereby transferred to the Office established 
pursuant to this section.
  (h) Information on Website.--(1) The Director of the Central 
Intelligence Agency shall establish and maintain on the 
homepage of the Agency's publicly accessible website 
information relating to the Office of the Inspector General 
including methods to contact the Inspector General.
  (2) The information referred to in paragraph (1) shall be 
obvious and facilitate accessibility to the information related 
to the Office of the Inspector General.

           *       *       *       *       *       *       *


SEC. 24. OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.

  (a) Establishment.--There is established in the Agency an 
Office of the Ombudsman for Analytic Objectivity (in this 
section referred to as the ``Office''), which shall be headed 
by an Ombudsman. The Ombudsman shall be appointed by the 
Director from among the senior staff officers of the Agency.
  (b) Duties and Responsibilities.--The Ombudsman shall--
          (1) on an annual basis, conduct a survey of analytic 
        objectivity among officers and employees of the Agency;
          (2) implement a procedure by which any officer or 
        employee of the Agency may submit to the Office a 
        complaint alleging politicization, bias, lack of 
        objectivity, or other issues relating to a failure of 
        tradecraft in analysis conducted by the Agency;
          (3) except as provided in paragraph (4), upon 
        receiving a complaint submitted pursuant to paragraph 
        (2), take reasonable action to investigate the 
        complaint, make a determination as to whether the 
        incident described in the complaint involved 
        politicization, bias, or lack of objectivity, and 
        prepare a report that--
                  (A) summarizes the facts relevant to the 
                complaint;
                  (B) documents the determination of the 
                Ombudsman with respect to the complaint; and
                  (C) contains a recommendation for remedial 
                action;
          (4) if a complaint submitted pursuant to paragraph 
        (2) alleges politicization, bias, or lack of 
        objectivity in the collection of intelligence 
        information, refer the complaint to the official 
        responsible for supervising collection operations of 
        the Agency; and
          (5) continuously monitor changes in areas of analysis 
        that the Ombudsman determines involve a heightened risk 
        of politicization, bias, or lack of objectivity, to 
        ensure that any change in the analytic line arises from 
        proper application of analytic tradecraft and not as a 
        result of politicization, bias, or lack of objectivity.
  (c) Reports.--(1) On an annual basis, the Ombudsman shall 
submit to the intelligence committees a report on the results 
of the survey conducted pursuant to subsection (b)(1) with 
respect to the most recent fiscal year.
  (2) On an annual basis, the Ombudsman shall submit to the 
intelligence committees a report that includes--
          (A) the number of complaints of submitted pursuant to 
        subsection (b)(2) during the most recent fiscal year; 
        and
          (B) a description of the nature of such complaints, 
        the actions taken by the Office or any other relevant 
        element or component of the Agency with respect to such 
        complaints, and the resolution of such complaints.
  (3) On a quarterly basis, the Ombudsman shall submit to the 
intelligence committees a report that includes--
          (A) a list of the areas of analysis monitored during 
        the most recent calendar quarter pursuant to subsection 
        (b)(5); and
          (B) a brief description of the methods by which the 
        Office has conducted such monitoring.
  (d) Intelligence Committees Defined.--In this section, the 
term ``intelligence committees'' means the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate.
                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.
          Under Secretary of Commerce, Under Secretary of 
        Commerce for Economic Affairs, Under Secretary of 
        Commerce for Industry and Security, and Under Secretary 
        of Commerce for Travel and Tourism.
          Under Secretaries of State (6).
          Under Secretaries of the Treasury (3).
          Administrator of General Services.
          Administrator of the Small Business Administration.
          Deputy Administrator, Agency for International 
        Development.
          Chairman of the Merit Systems Protection Board.
          Chairman, Federal Communications Commission.
          Chairman, Board of Directors, Federal Deposit 
        Insurance Corporation.
          Chairman, Federal Energy Regulatory Commission.
          Chairman, Federal Trade Commission.
          Chairman, Surface Transportation Board.
          Chairman, National Labor Relations Board.
          Chairman, Securities and Exchange Commission.
          Chairman, National Mediation Board.
          Chairman, Railroad Retirement Board.
          Chairman, Federal Maritime Commission.
          Comptroller of the Currency.
          Commissioner of Internal Revenue.
          Under Secretary of Defense for Acquisition and 
        Sustainment.
          Under Secretary of Defense for Policy.
          Under Secretary of Defense (Comptroller).
          Under Secretary of Defense for Personnel and 
        Readiness.
          Under Secretary of Defense for Intelligence and 
        Security.
          Under Secretary of the Air Force.
          Under Secretary of the Army.
          Under Secretary of the Navy.
          Deputy Administrator of the National Aeronautics and 
        Space Administration.
          Deputy Director of the Central Intelligence Agency.
          Director of the Office of Emergency Planning.
          Director of the Peace Corps.
          Deputy Director, National Science Foundation.
          President of the Export-Import Bank of Washington.
          Members, Nuclear Regulatory Commission.
          Members, Defense Nuclear Facilities Safety Board.
          Director of the Federal Bureau of Investigation, 
        Department of Justice.
          Administrator of the National Highway Traffic Safety 
        Administration.
          Administrator of the Federal Motor Carrier Safety 
        Administration.
          Administrator, Federal Railroad Administration.
          Chairman, National Transportation Safety Board.
          Chairman of the National Endowment for the Arts the 
        incumbent of which also serves as Chairman of the 
        National Council on the Arts.
          Chairman of the National Endowment for the 
        Humanities.
          Director of the Federal Mediation and Conciliation 
        Service.
          Chairman, Postal Regulatory Commission.
          Chairman, Occupational Safety and Health Review 
        Commission.
          Governor of the Farm Credit Administration.
          Chairman, Equal Employment Opportunity Commission.
          Chairman, Consumer Product Safety Commission.
          Under Secretaries of Energy (3).
          Chairman, Commodity Futures Trading Commission.
          Deputy United States Trade Representatives (3).
          Chief Agricultural Negotiator, Office of the United 
        States Trade Representative.
          Chief Innovation and Intellectual Property 
        Negotiator, Office of the United States Trade 
        Representative.
          Chairman, United States International Trade 
        Commission.
          Under Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
          Under Secretary of Commerce for Standards and 
        Technology, who also serves as Director of the National 
        Institute of Standards and Technology.
          Associate Attorney General.
          Chairman, Federal Mine Safety and Health Review 
        Commission.
          Chairman, National Credit Union Administration Board.
          Deputy Director of the Office of Personnel 
        Management.
          Under Secretary of Agriculture for Farm Production 
        and Conservation.
          Under Secretary of Agriculture for Trade and Foreign 
        Agricultural Affairs.
          Under Secretary of Agriculture for Food, Nutrition, 
        and Consumer Services.
          Under Secretary of Agriculture for Natural Resources 
        and Environment.
          Under Secretary of Agriculture for Research, 
        Education, and Economics.
          Under Secretary of Agriculture for Food Safety.
          Under Secretary of Agriculture for Marketing and 
        Regulatory Programs.
          Director, Institute for Scientific and Technological 
        Cooperation.
          Under Secretary of Agriculture for Rural Development.
          Administrator, Maritime Administration.
          Executive Director Property Review Board.
          Deputy Administrator of the Environmental Protection 
        Agency.
          Archivist of the United States.
          Executive Director, Federal Retirement Thrift 
        Investment Board.
          Principal Deputy Under Secretary of Defense for 
        Acquisition, Technology, and Logistics.
          Director, Trade and Development Agency.
          Under Secretary for Health, Department of Veterans 
        Affairs.
          Under Secretary for Benefits, Department of Veterans 
        Affairs.
          Under Secretary for Memorial Affairs, Department of 
        Veterans Affairs.
          Under Secretaries, Department of Homeland Security.
          Director, Cybersecurity and Infrastructure Security 
        Agency.
          Director of the Bureau of Citizenship and Immigration 
        Services.
          Director of the Office of Government Ethics.
          Administrator for Federal Procurement Policy.
          Administrator, Office of Information and Regulatory 
        Affairs, Office of Management and Budget.
          Director of the Office of Thrift Supervision.
          Chairperson of the Federal Housing Finance Board.
          Executive Secretary, National Space Council.
          Director of the National Security Agency.
          Director of the National Reconnaissance Office.
          Controller, Office of Federal Financial Management, 
        Office of Management and Budget.
          Administrator, Office of the Assistant Secretary for 
        Research and Technology of the Department of 
        Transportation.
          Deputy Director for Demand Reduction, Office of 
        National Drug Control Policy.
          Deputy Director for Supply Reduction, Office of 
        National Drug Control Policy.
          Deputy Director for State and Local Affairs, Office 
        of National Drug Control Policy.
          Under Secretary of Commerce for Intellectual Property 
        and Director of the United States Patent and Trademark 
        Office.
          Register of Copyrights.
          Commissioner of U.S. Customs and Border Protection, 
        Department of Homeland Security.
          Under Secretary of Education
          Administrator of the Centers for Medicare & Medicaid 
        Services.
          Administrator of the Office of Electronic Government.
          Administrator, Pipeline and Hazardous Materials 
        Safety Administration.
          Director, Pension Benefit Guaranty Corporation.
          Deputy Administrators, Federal Emergency Management 
        Agency.
          Deputy Administrator, Transportation Security 
        Administration.
          Chief Executive Officer, International Clean Energy 
        Foundation.
          Independent Member of the Financial Stability 
        Oversight Council (1).
          Director of the Office of Financial Research.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 10, UNITED STATES CODE

SUBTITLE A--GENERAL MILITARY LAW

           *       *       *       *       *       *       *


PART I--ORGANIZATION AND GENERAL MILITARY POWERS

           *       *       *       *       *       *       *


CHAPTER 2--DEPARTMENT OF DEFENSE

           *       *       *       *       *       *       *


Sec. 119. Special access programs: congressional oversight

  (a)(1) Not later than March 1 of each year, the Secretary of 
Defense shall submit to the [defense committees] appropriate 
congressional committees a report on special access programs.
  (2) Each such report shall set forth--
          (A) the total amount requested for special access 
        programs of the Department of Defense in the 
        President's budget for the next fiscal year submitted 
        under section 1105 of title 31; and
          (B) for each program in that budget that is a special 
        access program--
                  (i) a brief description of the program;
                  (ii) a brief discussion of the major 
                milestones established for the program;
                  (iii) the actual cost of the program for each 
                fiscal year during which the program has been 
                conducted before the fiscal year during which 
                that budget is submitted; and
                  (iv) the estimated total cost of the program 
                and the estimated cost of the program for (I) 
                the current fiscal year, (II) the fiscal year 
                for which the budget is submitted, and (III) 
                each of the four succeeding fiscal years during 
                which the program is expected to be conducted.
  (3) In the case of a report under paragraph (1) submitted in 
a year during which the President's budget for the next fiscal 
year, because of multiyear budgeting for the Department of 
Defense, does not include a full budget request for the 
Department of Defense, the report required by paragraph (1) 
shall set forth--
          (A) the total amount already appropriated for the 
        next fiscal year for special access programs of the 
        Department of Defense and any additional amount 
        requested in that budget for such programs for such 
        fiscal year; and
          (B) for each program of the Department of Defense 
        that is a special access program, the information 
        specified in paragraph (2)(B).
  (b)(1) Not later than February 1 of each year, the Secretary 
of Defense shall submit to the [defense committees] appropriate 
congressional committees a report that, with respect to each 
new special access program, provides--
          (A) notice of the designation of the program as a 
        special access program; and
          (B) justification for such designation.
  (2) A report under paragraph (1) with respect to a program 
shall include--
          (A) the current estimate of the total program cost 
        for the program; and
          (B) an identification of existing programs or 
        technologies that are similar to the technology, or 
        that have a mission similar to the mission, of the 
        program that is the subject of the notice.
  (3) In this subsection, the term ``new special access 
program'' means a special access program that has not 
previously been covered in a notice and justification under 
this subsection.
  (c)(1) Whenever a change in the classification of a special 
access program of the Department of Defense is planned to be 
made or whenever classified information concerning a special 
access program of the Department of Defense is to be 
declassified and made public, the Secretary of Defense shall 
submit to the [defense committees] appropriate congressional 
committees a report containing a description of the proposed 
change, the reasons for the proposed change, and notice of any 
public announcement planned to be made with respect to the 
proposed change.
  (2) Except as provided in paragraph (3), any report referred 
to in paragraph (1) shall be submitted not less than 14 days 
before the date on which the proposed change or public 
announcement is to occur.
  (3) If the Secretary determines that because of exceptional 
circumstances the requirement of paragraph (2) cannot be met 
with respect to a proposed change or public announcement 
concerning a special access program of the Department of 
Defense, the Secretary may submit the report required by 
paragraph (1) regarding the proposed change or public 
announcement at any time before the proposed change or public 
announcement is made and shall include in the report an 
explanation of the exceptional circumstances.
  (d) Whenever there is a modification or termination of the 
policy and criteria used for designating a program of the 
Department of Defense as a special access program, the 
Secretary of Defense shall promptly notify the [defense 
committees] appropriate congressional committees of such 
modification or termination. Any such notification shall 
contain the reasons for the modification or termination and, in 
the case of a modification, the provisions of the policy as 
modified.
  (e)(1) The Secretary of Defense may waive any requirement 
under subsection (a), (b), or (c) that certain information be 
included in a report under that subsection if the Secretary 
determines that inclusion of that information in the report 
would adversely affect the national security. Any such waiver 
shall be made on a case-by-case basis.
  (2) If the Secretary exercises the authority provided under 
paragraph (1), the Secretary shall provide the information 
described in that subsection with respect to the special access 
program concerned, and the justification for the waiver, 
jointly to the chairman and ranking minority member of each of 
the [defense committees] appropriate congressional committees.
  (f) A special access program may not be initiated until--
          (1) the [defense committees] appropriate 
        congressional committees are notified of the program; 
        and
          (2) a period of 30 days elapses after such 
        notification is received.
  [(g) In this section, the term ``[defense committees] 
appropriate congressional committees'' means--
          [(1) the Committee on Armed Services and the 
        Committee on Appropriations, and the Defense 
        Subcommittee of the Committee on Appropriations, of the 
        Senate; and
          [(2) the Committee on Armed Services and the 
        Committee on Appropriations, and the Subcommittee on 
        Defense of the Committee on Appropriations, of the 
        House of Representatives.]
  (g) In this section, the term ``appropriate congressional 
committees'' means the following:
          (1) The Committee on Armed Services and the Committee 
        on Appropriations, and the Defense Subcommittee of the 
        Committee on Appropriations, of the Senate.
          (2) The Committee on Armed Services and the Committee 
        on Appropriations, and the Subcommittee on Defense of 
        the Committee on Appropriations, of the House of 
        Representatives.
          (3) With respect to a special access program or a new 
        special access program covered by a report or 
        notification under this section that the Secretary of 
        Defense determines to be an intelligence or 
        intelligence-related special access program, and with 
        respect to any other special access program or new 
        special access program covered by a report or 
        notification under this section or any other matters 
        that the Secretary determines appropriate, the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives and the Select Committee on 
        Intelligence of the Senate.

           *       *       *       *       *       *       *


PART II--PERSONNEL

           *       *       *       *       *       *       *


CHAPTER 81--CIVILIAN EMPLOYEES

           *       *       *       *       *       *       *


Sec. 1599h. Personnel management authority to attract experts in 
                    science and engineering

  (a) Programs Authorized.--
          (1) Laboratories of the military departments.--The 
        Secretary of Defense may carry out a program of 
        personnel management authority provided in subsection 
        (b) in order to facilitate recruitment of eminent 
        experts in science or engineering for such laboratories 
        of the military departments as the Secretary shall 
        designate for purposes of the program for research and 
        development projects of such laboratories.
          (2) DARPA.--The Director of the Defense Advanced 
        Research Projects Agency may carry out a program of 
        personnel management authority provided in subsection 
        (b) in order to facilitate recruitment of eminent 
        experts in science or engineering for research and 
        development projects and to enhance the administration 
        and management of the Agency.
          (3) DOTE.--The Director of the Office of Operational 
        Test and Evaluation may carry out a program of 
        personnel management authority provided in subsection 
        (b) in order to facilitate recruitment of eminent 
        experts in science or engineering to support 
        operational test and evaluation missions of the Office.
          (4) Strategic capabilities office.--The Director of 
        the Strategic Capabilities Office may carry out a 
        program of personnel management authority provided in 
        subsection (b) in order to facilitate recruitment of 
        eminent experts in science or engineering for the 
        Office.
          (5) DIU.--The Director of the Defense Innovation Unit 
        may carry out a program of personnel management 
        authority provided in subsection (b) in order to 
        facilitate recruitment of eminent experts in science or 
        engineering for the Unit.
          (6) Joint artificial intelligence center.--The 
        Director of the Joint Artificial Intelligence Center 
        may carry out a program of personnel management 
        authority provided in subsection (b) in order to 
        facilitate recruitment of eminent experts in science or 
        engineering for the Center. The authority to carry out 
        the program under this paragraph shall terminate on 
        December 31, 2024.
          (7) NGA.--The Director of the National Geospatial-
        Intelligence Agency may carry out a program of 
        personnel management authority provided in subsection 
        (b) in order to facilitate recruitment of eminent 
        experts in science or engineering for research and 
        development projects and to enhance the administration 
        and management of the Agency.
  (b) Personnel Management Authority.--Under a program under 
subsection (a), the official responsible for administration of 
the program may--
          (1) without regard to any provision of title 5 
        governing the appointment of employees in the civil 
        service--
                  (A) in the case of the laboratories of the 
                military departments designated pursuant to 
                subsection (a)(1), appoint scientists and 
                engineers to a total of not more than 40 
                scientific and engineering positions in such 
                laboratories;
                  (B) in the case of the Defense Advanced 
                Research Projects Agency, appoint individuals 
                to a total of not more than 140 positions in 
                the Agency, of which not more than 5 such 
                positions may be positions of administration or 
                management of the Agency;
                  (C) in the case of the Office of Operational 
                Test and Evaluation, appoint scientists and 
                engineers to a total of not more than 10 
                scientific and engineering positions in the 
                Office;
                  (D) in the case of the Strategic Capabilities 
                Office, appoint scientists and engineers to a 
                total of not more than 5 scientific and 
                engineering positions in the Office;
                  (E) in the case of the Defense Innovation 
                Unit, appoint scientists and engineers to a 
                total of not more than 5 scientific and 
                engineering positions in the Unit[; and]
                  (F) in the case of the Joint Artificial 
                Intelligence Center, appoint scientists and 
                engineers to a total of not more than 5 
                scientific and engineering positions in the 
                Center[;]; and
                  (G) in the case of the National Geospatial-
                Intelligence Agency, appoint individuals to a 
                total of not more than 7 positions in the 
                Agency, of which not more than 2 such positions 
                may be positions of administration or 
                management in the Agency;
          (2) notwithstanding any provision of title 5 
        governing the rates of pay or classification of 
        employees in the executive branch, prescribe the rates 
        of basic pay for positions to which employees are 
        appointed under paragraph (1)--
                  (A) in the case of employees appointed 
                pursuant to paragraph (1)(B) to any of 5 
                positions designated by the Director of the 
                Defense Advanced Research Projects Agency for 
                purposes of this subparagraph, at rates not in 
                excess of a rate equal to 150 percent of the 
                maximum rate of basic pay authorized for 
                positions at Level I of the Executive Schedule 
                under section 5312 of title 5; and
                  (B) in the case of any other employee 
                appointed pursuant to paragraph (1), at rates 
                not in excess of the maximum rate of basic pay 
                authorized for senior-level positions under 
                section 5376 of title 5; and
          (3) pay any employee appointed under paragraph (1), 
        other than an employee appointed to a position 
        designated as described in paragraph (2)(A), payments 
        in addition to basic pay within the limit applicable to 
        the employee under subsection (d).
  (c) Limitation on Term of Appointment.--
          (1) In general.--Except as provided in paragraph (2), 
        the service of an employee under an appointment under 
        subsection (b)(1) may not exceed four years.
          (2) Extension.--The official responsible for the 
        administration of a program under subsection (a) may, 
        in the case of a particular employee under the program, 
        extend the period to which service is limited under 
        paragraph (1) by up to two years if the official 
        determines that such action is necessary to promote the 
        efficiency of a laboratory of a military department, 
        the Defense Advanced Research Projects Agency, the 
        Office of Operational Test and Evaluation, the 
        Strategic Capabilities Office, the Defense Innovation 
        Unit, [or the Joint Artificial Intelligence Center] the 
        Joint Artificial Intelligence Center, or the National 
        Geospatial-Intelligence Agency, as applicable.
  (d) Maximum Amount of Additional Payments Payable.--
Notwithstanding any other provision of this section or section 
5307 of title 5, no additional payments may be paid to an 
employee under subsection (b)(3) in any calendar year if, or to 
the extent that, the employee's total annual compensation in 
such calendar year will exceed the maximum amount of total 
annual compensation payable at the salary set in accordance 
with section 104 of title 3.

           *       *       *       *       *       *       *

                              ----------                              


                  NATIONAL SECURITY AGENCY ACT OF 1959



           *       *       *       *       *       *       *
SEC. 21. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR 
                    DISTINGUISHED FEMALE PERSONNEL.

  (a) Establishment.--The Director of the National Security 
Agency shall establish an honorary award for the recognition of 
female personnel of the National Security Agency for 
distinguished career contributions in support of the mission of 
the Agency as civilian employees or members of the Armed Forces 
assigned to the Agency. The award shall be known as the 
``Senior Chief Petty Officer Shannon Kent Award'' and shall 
consist of a design determined appropriate by the Director.
  (b) Award.--The Director shall award the Senior Chief Petty 
Officer Shannon Kent Award to female civilian employees, 
members of the Armed Forces, or former civilian employees or 
members, whom the Director determines meet the criteria under 
subsection (a).
                              ----------                              


                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

     * * * * * * *

                      Subtitle D--Academic Training

     * * * * * * *
Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.
Sec. 1333. Intelligence and cybersecurity diversity fellowship program.

           *       *       *       *       *       *       *


TITLE XIII--FEDERAL WORKFORCE IMPROVEMENT

           *       *       *       *       *       *       *


Subtitle D--Academic Training

           *       *       *       *       *       *       *


SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.

  (a) Program.--The Secretary shall carry out an intelligence 
and cybersecurity diversity fellowship program (in this section 
referred to as the ``Program'') under which an eligible 
individual may--
          (1) participate in a paid internship at the 
        Department that relates to intelligence, cybersecurity, 
        or some combination thereof;
          (2) receive tuition assistance from the Secretary; 
        and
          (3) upon graduation from an institution of higher 
        education and successful completion of the Program (as 
        defined by the Secretary), receive an offer of 
        employment to work in an intelligence or cybersecurity 
        position of the Department that is in the excepted 
        service.
  (b) Eligibility.--To be eligible to participate in the 
Program, an individual shall--
          (1) be a citizen of the United States; and
          (2) as of the date of submitting the application to 
        participate in the Program--
                  (A) have a cumulative grade point average of 
                at least 3.2 on a 4.0 scale; and
                  (B) be a sophomore, junior, or senior at--
                          (i) a historically Black college or 
                        university or a minority-serving 
                        institution; or
                          (ii) an institution of higher 
                        education that is not a historically 
                        Black college or university or a 
                        minority-serving institution and be an 
                        active participant in a minority-
                        serving organization of such 
                        institution.
  (c) Direct Hire Authority.--If an individual who receives an 
offer of employment under subsection (a)(3) accepts such offer, 
the Secretary shall appoint, without regard to provisions of 
subchapter I of chapter 33 of title 5, United States Code, 
(except for section 3328 of such title) such individual to the 
position specified in such offer.
  (d) Reports.--
          (1) Reports.--Not later than 1 year after the date of 
        the enactment of this section, and on an annual basis 
        thereafter, the Secretary shall submit to the 
        appropriate committees of Congress a report on the 
        Program.
          (2) Matters.--Each report under paragraph (1) shall 
        include, with respect to the most recent year, the 
        following:
                  (A) A description of outreach efforts by the 
                Secretary to raise awareness of the Program 
                among institutions of higher education in which 
                eligible individuals are enrolled.
                  (B) Information on specific recruiting 
                efforts conducted by the Secretary to increase 
                participation in the Program.
                  (C) The number of individuals participating 
                in the Program, listed by the institution of 
                higher education in which the individual is 
                enrolled at the time of participation, and 
                information on the nature of such 
                participation, including on whether the duties 
                of the individual under the Program relate 
                primarily to intelligence or to cybersecurity.
                  (D) The number of individuals who accepted an 
                offer of employment under the Program and an 
                identification of the element within the 
                Department to which each individual was 
                appointed.
  (e) Definitions.--In this section:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Homeland Security and 
                the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
                  (B) the Committee on Homeland Security and 
                Governmental Affairs and the Select Committee 
                on Intelligence of the Senate.
          (2) Excepted service.--The term ``excepted service'' 
        has the meaning given that term in section 2103 of 
        title 5, United States Code.
          (3) Historically black college or university.--The 
        term ``historically Black college or university'' has 
        the meaning given the term ``part B institution'' in 
        section 322 of the Higher Education Act of 1965 (20 
        U.S.C. 1061).
          (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given that term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
          (5) Minority-serving institution.--The term 
        ``minority-serving institution'' means an institution 
        of higher education described in section 371(a) of the 
        Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

           *       *       *       *       *       *       *

                              ----------                              


DAMON PAUL NELSON AND MATTHEW YOUNG POLLARD INTELLIGENCE AUTHORIZATION 
               ACT FOR FISCAL YEARS 2018, 2019, AND 2020

 DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, 
                                AND 2020

SECTION 5001. SHORT TITLE

  This division may be cited as the ``Damon Paul Nelson and 
Matthew Young Pollard Intelligence Authorization Act for Fiscal 
Years 2018, 2019, and 2020''.

           *       *       *       *       *       *       *


TITLE LIII--INTELLIGENCE COMMUNITY MATTERS

           *       *       *       *       *       *       *


      Subtitle C--Inspector General of the Intelligence Community

SEC. 5331. DEFINITIONS.

  In this subtitle:
          (1) Whistleblower.--The term ``whistleblower'' means 
        a person who makes a whistleblower disclosure.
          (2) Whistleblower disclosure.--The term 
        ``whistleblower disclosure'' means a disclosure that is 
        protected under [section 1104 of the National Security 
        Act of 1947 (50 U.S.C. 3234)] section 1221 of the 
        National Security Act of 1947 or section 3001(j)(1) of 
        the Intelligence Reform and Terrorism Prevention Act of 
        2004 (50 U.S.C. 3341(j)).

           *       *       *       *       *       *       *


                 TITLE LVII--REPORTS AND OTHER MATTERS

Subtitle A--Reports and Briefings

           *       *       *       *       *       *       *


[SEC. 5712. REPORT ON BEST PRACTICES TO PROTECT PRIVACY AND CIVIL 
                    LIBERTIES OF CHINESE AMERICANS.

  [(a) Sense of Congress.--It is the sense of Congress that--
          [(1) the People's Republic of China appears to be 
        specifically targeting the Chinese-American community 
        for intelligence purposes;
          [(2) such targeting carries a substantial risk that 
        the loyalty of such Americans may be generally 
        questioned and lead to unacceptable stereotyping, 
        targeting, and racial profiling;
          [(3) the United States Government has a duty to warn 
        and protect all Americans including those of Chinese 
        descent from these intelligence efforts by the People's 
        Republic of China;
          [(4) the broad stereotyping, targeting, and racial 
        profiling of Americans of Chinese descent is contrary 
        to the values of the United States and reinforces the 
        flawed narrative perpetuated by the People's Republic 
        of China that ethnically Chinese individuals worldwide 
        have a duty to support the People's Republic of China; 
        and
          [(5) the United States efforts to combat the People's 
        Republic of China's intelligence activities should 
        actively safeguard and promote the constitutional 
        rights of all Chinese Americans.
  [(b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, 
acting through the Office of Civil Liberties, Privacy, and 
Transparency, in coordination with the civil liberties and 
privacy officers of the elements of the intelligence community, 
shall submit a report to the congressional intelligence 
committees containing--
          [(1) a review of how the policies, procedures, and 
        practices of the intelligence community that govern the 
        intelligence activities and operations targeting the 
        People's Republic of China affect policies, procedures, 
        and practices relating to the privacy and civil 
        liberties of Americans of Chinese descent who may be 
        targets of espionage and influence operations by China; 
        and
          [(2) recommendations to ensure that the privacy and 
        civil liberties of Americans of Chinese descent are 
        sufficiently protected.
  [(c) Form.--The report under subsection (b) shall be 
submitted in unclassified form, but may include a classified 
annex.]

           *       *       *       *       *       *       *


TITLE LXVI--SECURITY CLEARANCES

           *       *       *       *       *       *       *


Subtitle B--Reports

           *       *       *       *       *       *       *


SEC. 6722. REPORTS AND BRIEFINGS ON NATIONAL SECURITY EFFECTS OF GLOBAL 
                    WATER INSECURITY AND EMERGING INFECTIOUS DISEASE 
                    AND PANDEMICS.

  (a) Global Water Insecurity.--
          (1) Report.--
                  (A) In general.--Not later than 180 days 
                after the date of the enactment of this Act, 
                the Director of National Intelligence shall 
                submit to the congressional intelligence 
                committees, the Committee on Foreign Affairs of 
                the House of Representatives, and the Committee 
                on Foreign Relations of the Senate a report on 
                the implications of water insecurity on the 
                national security interests of the United 
                States, including consideration of social, 
                economic, agricultural, and environmental 
                factors.
                  (B) Assessment scope and focus.--The report 
                submitted under subparagraph (A) shall include 
                an assessment of water insecurity described in 
                such subsection with a global scope, but focus 
                on areas of the world--
                          (i) of strategic, economic, or 
                        humanitarian interest to the United 
                        States--
                                  (I) that are, as of the date 
                                of the report, at the greatest 
                                risk of instability, conflict, 
                                human insecurity, or mass 
                                displacement; or
                                  (II) where challenges 
                                relating to water insecurity 
                                are likely to emerge and become 
                                significant during the 5-year 
                                or the 20-year period beginning 
                                on the date of the report; and
                          (ii) where challenges relating to 
                        water insecurity are likely to imperil 
                        the national security interests of the 
                        United States or allies of the United 
                        States.
                  (C) Consultation.--In researching the report 
                required by subparagraph (A), the Director 
                shall consult with--
                          (i) such stakeholders within the 
                        intelligence community, the Department 
                        of Defense, and the Department of State 
                        as the Director considers appropriate; 
                        and
                          (ii) such additional Federal agencies 
                        and persons in the private sector as 
                        the Director considers appropriate.
                  (D) Form.--The report submitted under 
                subparagraph (A) shall be submitted in 
                unclassified form, but may include a classified 
                annex.
          (2) Quinquennial briefings.--Beginning on the date 
        that is 5 years after the date on which the Director 
        submits the report under paragraph (1), and every 5 
        years thereafter, the Director shall provide to the 
        committees specified in such paragraph a briefing that 
        updates the matters contained in the report.
  (b) Emerging Infectious Disease and Pandemics.--
          (1) Report.--
                  (A) In general.--Not later than 120 days 
                after the date of the enactment of this Act, 
                the Director of National Intelligence shall 
                submit to the appropriate congressional 
                committees a report on the anticipated 
                geopolitical effects of emerging infectious 
                disease (including deliberate, accidental, and 
                naturally occurring infectious disease threats) 
                and pandemics, and their implications on the 
                national security of the United States.
                  (B) Contents.--The report under subparagraph 
                (A) shall include an assessment of--
                          (i) the economic, social, political, 
                        and security risks, costs, and impacts 
                        of emerging infectious diseases on the 
                        United States and the international 
                        political and economic system;
                          (ii) the economic, social, political, 
                        and security risks, costs, and impacts 
                        of a major transnational pandemic on 
                        the United States and the international 
                        political and economic system; and
                          (iii) contributing trends and factors 
                        to the matters assessed under clauses 
                        (i) and (ii).
                  (C) Examination of response capacity.--In 
                examining the risks, costs, and impacts of 
                emerging infectious disease and a possible 
                transnational pandemic under subparagraph (B), 
                the Director of National Intelligence shall 
                also examine in the report under subparagraph 
                (A) the response capacity within affected 
                countries and the international system. In 
                considering response capacity, the Director 
                shall include--
                          (i) the ability of affected nations 
                        to effectively detect and manage 
                        emerging infectious diseases and a 
                        possible transnational pandemic;
                          (ii) the role and capacity of 
                        international organizations and 
                        nongovernmental organizations to 
                        respond to emerging infectious disease 
                        and a possible pandemic, and their 
                        ability to coordinate with affected and 
                        donor nations; and
                          (iii) the effectiveness of current 
                        international frameworks, agreements, 
                        and health systems to respond to 
                        emerging infectious diseases and a 
                        possible transnational pandemic.
          (2) [Quinquennial] Annual briefings.--Beginning on 
        the date that is 5 years after the date on which the 
        Director submits the report under paragraph (1), and 
        every 5 years thereafter, the Director shall provide to 
        the congressional intelligence committees a briefing 
        that updates the matters contained in the report 
        required under paragraph (1).
          (3) Form.--The report under paragraph (1) and the 
        briefings under paragraph (2) may be classified.
          (4) Appropriate congressional committees defined.--In 
        this subsection, the term ``appropriate congressional 
        committees'' means--
                  (A) the congressional intelligence 
                committees;
                  (B) the Committee on Foreign Affairs, the 
                Committee on Armed Services, the Committee on 
                Energy and Commerce, and the Committee on 
                Appropriations of the House of Representatives; 
                and
                  (C) the Committee on Foreign Relations, the 
                Committee on Armed Services, the Committee on 
                Health, Education, Labor, and Pensions, and the 
                Committee on Appropriations of the Senate.

           *       *       *       *       *       *       *

                              ----------                              


                 FEDERAL ELECTION CAMPAIGN ACT OF 1971



           *       *       *       *       *       *       *
TITLE III--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS

           *       *       *       *       *       *       *


                  organization of political committees

  Sec. 302. (a) Every political committee shall have a 
treasurer. No contribution or expenditure shall be accepted or 
made by or on behalf of a political committee during any period 
in which the office of treasurer is vacant. No expenditures 
shall be made for or on behalf of a political committee without 
the authorization of the treasurer or his or her designated 
agent.
  (b)(1) Every person who receives a contribution for an 
authorized political committee shall, no later than 10 days 
after receiving such contribution, forward to the treasurer 
such contribution, and if the amount of the contribution is in 
excess of $50 the name and address of the person making the 
contribution and the date of receipt.
  (2) Every person who receives a contribution for a political 
committee which is not an authorized committee shall--
          (A) if the amount of the contribution is $50 or less, 
        forward to the treasurer such contribution no later 
        than 30 days after receiving the contribution; and
          (B) if the amount of the contribution is in excess of 
        $50, forward to the treasurer such contribution, the 
        name and address of the person making the contribution, 
        and the date of receipt of the contribution, no later 
        than 10 days after receiving the contribution.
  (3) All funds of a political committee shall be segregated 
from, and may not be commingled with, the personal funds of any 
individual.
  (c) The treasurer of a political committee shall keep an 
account of--
          (1) all contributions received by or on behalf of 
        such political committee;
          (2) the name and address of any person who makes any 
        contribution in excess of $50, together with the date 
        and amount of such contribution by any person;
          (3) the identification of any person who makes a 
        contribution or contributions aggregating more than 
        $200 during a calendar year, together with the date and 
        amount of any such contribution;
          (4) the identification of any political committee 
        which makes a contribution, together with the date and 
        amount of any such contribution; and
          (5) the name and address of every person to whom any 
        disbursement is made, the date, amount, and purpose of 
        the disbursement, and the name of the candidate and the 
        office sought by the candidate, if any, for whom the 
        disbursement was made, including a receipt, invoice, or 
        canceled check for each disbursement in excess of $200.
  (d) The treasurer shall preserve all records required to be 
kept by this section and copies of all reports required to be 
filed by this title for 3 years after the report is filed. For 
any report filed in electronic format under section 304(a)(11), 
the treasurer shall retain a machine-readable copy of the 
report as the copy preserved under the preceding sentence.
  (e)(1) Each candidate for Federal office (other than the 
nominee for the office of Vice President) shall designate in 
writing a political committee in accordance with paragraph (3) 
to serve as the principal campaign committee of such candidate. 
Such designation shall be made no later than 15 days after 
becoming a candidate. A candidate may designate additional 
political committees in accordance with paragraph (3) to serve 
as authorized committees of such candidate. Such designation 
shall be in writing and filed with the principal campaign 
committee of such candidate in accordance with subsection 
(f)(1).
  (2) Any candidate described in paragraph (1) who receives a 
contribution, or any loan for use in connection with the 
campaign of such candidate for election, or makes a 
disbursement in connection with such campaign, shall be 
considered, for purposes of this Act, as having received the 
contribution or loan, or as having made the disbursement, as 
the case may be, as an agent of the authorized committee or 
committees of such candidate.
  (3)(A) No political committee which supports or has supported 
more than one candidate may be designated as an authorized 
committee, except that--
          (i) the candidate for the office of President 
        nominated by a political party may designate the 
        national committee of such political party as a 
        principal campaign committee, but only if that national 
        committee maintains separate books of account with 
        respect to its function as a principal campaign 
        committee; and
          (ii) candidates may designate a political committee 
        established solely for the purpose of joint fundraising 
        by such candidates as an authorized committee.
  (B) As used in this section, the term ``support'' does not 
include a contribution by any authorized committee in amounts 
of $2,000 or less to an authorized committee of any other 
candidate.
  (4) The name of each authorized committee shall include the 
name of the candidate who authorized such committee under 
paragraph (1). In the case of any political committee which is 
not an authorized committee, such political committee shall not 
include the name of any candidate in its name.
  (5) The name of any separate segregated fund established 
pursuant to section 316(b) shall include the name of its 
connected organization.
  (f)(1) Notwithstanding any other provision of this Act, each 
designation, statement, or report of receipts or disbursements 
made by an authorized committee of a candidate shall be filed 
with the candidate's principal campaign committee.
  (2) Each principal campaign committee shall receive all 
designations, statements, and reports required to be filed with 
it under paragraph (1) and shall compile and file such 
designations, statements, and reports in accordance with this 
Act.
  (g) Filing With the Commission.--All designations, 
statements, and reports required to be filed under this Act 
shall be filed with the Commission.
  (h)(1) Each political committee shall designate one or more 
State banks, federally chartered depository institutions, or 
depository institutions the deposits or accounts of which are 
insured by the Federal Deposit Insurance Corporation, the 
Federal Savings and Loan Insurance Corporation, or the National 
Credit Union Administration, as its campaign depository or 
depositories. Each political committee shall maintain at least 
one checking account and such other accounts as the committee 
determines at a depository designated by such committee. All 
receipts received by such committee shall be deposited in such 
accounts. No disbursements may be made (other than petty cash 
disbursements under paragraph (2)) by such committee except by 
check drawn on such accounts in accordance with this section.
  (2) A political committee may maintain a petty cash fund for 
disbursements not in excess of $100 to any person in connection 
with a single purchase or transaction. A record of all petty 
cash disbursements shall be maintained in accordance with 
subsection (c)(5).
  (i) When the treasurer of a political committee shows that 
best efforts have been used to obtain, maintain, and submit the 
information required by this Act for the political committee, 
any report or any records of such committee shall be considered 
in compliance with this Act or chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954.
  (j) Reportable Foreign Contacts Compliance Policy.--
          (1) Reporting.--Each political committee shall 
        establish a policy that requires all officials, 
        employees, and agents of such committee to notify the 
        treasurer or other appropriate designated official of 
        the committee of any reportable foreign contact (as 
        defined in section 304(j)) not later than 3 days after 
        such contact was made.
          (2) Retention and preservation of records.--Each 
        political committee shall establish a policy that 
        provides for the retention and preservation of records 
        and information related to reportable foreign contacts 
        (as so defined) for a period of not less than 3 years.
          (3) Certification.--
                  (A) In general.--Upon filing its statement of 
                organization under section 303(a), and with 
                each report filed under section 304(a), the 
                treasurer of each political committee (other 
                than an authorized committee) shall certify 
                that--
                          (i) the committee has in place 
                        policies that meet the requirements of 
                        paragraphs (1) and (2);
                          (ii) the committee has designated an 
                        official to monitor compliance with 
                        such policies; and
                          (iii) not later than 1 week after the 
                        beginning of any formal or informal 
                        affiliation with the committee, all 
                        officials, employees, and agents of 
                        such committee will--
                                  (I) receive notice of such 
                                policies;
                                  (II) be informed of the 
                                prohibitions under section 319; 
                                and
                                  (III) sign a certification 
                                affirming their understanding 
                                of such policies and 
                                prohibitions.
                  (B) Authorized committees.--With respect to 
                an authorized committee, the candidate shall 
                make the certification required under 
                subparagraph (A).

            registration of political committees; statements

  Sec. 303. (a) Each authorized campaign committee shall file a 
statement of organization no later than 10 days after 
designation pursuant to section 302(e)(1). Each separate 
segregated fund established under the provisions of section 
316(b) shall file a statement of organization no later than 10 
days after establishment. All other committees shall file a 
statement of organization within 10 days after becoming a 
political committee within the meaning of section 301(4).
  (b) The statement of organization of a political committee 
shall include--
          (1) the name, address, and type of committee;
          (2) the name, address, relationship, and type of any 
        connected organization or affiliated committee;
          (3) the name, address, and position of the custodian 
        of books and accounts of the committee;
          (4) the name and address of the treasurer of the 
        committee;
          (5) if the committee is authorized by a candidate, 
        the name, address, office sought, and party affiliation 
        of the candidate; and
          (6) a listing of all banks, safety deposit boxes, or 
        other depositories used by the committee.
  (c) Any change in information previously submitted in a 
statement of organization shall be reported in accordance with 
section 302(g) no later than 10 days after the date of the 
change.
  (d)(1) A political committee may terminate only when such a 
committee files a written statement, in accordance with section 
302(g), that it will no longer receive any contributions or 
make any disbursements and that such committee has no 
outstanding debts or obligations.
  (2) Nothing contained in this subsection may be construed to 
eliminate or limit the authority of the Commission to establish 
procedures for--
          (A) the determination of insolvency with respect to 
        any political committee;
          (B) the orderly liquidation of an insolvent political 
        committee, and the orderly application of its assets 
        for the reduction of outstanding debts; and
          (C) the termination of an insolvent political 
        committee after such liquidation and application of 
        assets.
  (e) Acknowledgment of Foreign Money Ban.--
          (1) Notification by commission.--Not later than 30 
        days after a political committee files its statement of 
        organization under subsection (a), and biennially 
        thereafter until the committee terminates, the 
        Commission shall provide the committee with a written 
        explanation of section 319.
          (2) Acknowledgment by committee.--
                  (A) In general.--Not later than 30 days after 
                receiving the written explanation of section 
                319 under paragraph (1), the committee shall 
                transmit to the Commission a signed 
                certification that the committee has received 
                such written explanation and has provided a 
                copy of the explanation to all members, 
                employees, contractors, and volunteers of the 
                committee.
                  (B) Person responsible for signature.--The 
                certification required under subparagraph (A) 
                shall be signed--
                          (i) in the case of an authorized 
                        committee of a candidate, by the 
                        candidate; or
                          (ii) in the case of any other 
                        political committee, by the treasurer 
                        of the committee.

                                reports

  Sec. 304. (a)(1) Each treasurer of a political committee 
shall file reports of receipts and disbursements in accordance 
with the provisions of this subsection. The treasurer shall 
sign each such report.
  (2) If the political committee is the principal campaign 
committee of a candidate for the House of Representatives or 
for the Senate--
          (A) in any calendar year during which there is 
        regularly scheduled election for which such candidate 
        is seeking election, or nomination for election, the 
        treasurer shall file the following reports:
                  (i) a pre-election report, which shall be 
                filed no later than the 12th day before (or 
                posted by any of the following: registered 
                mail, certified mail, priority mail having a 
                delivery confirmation, or express mail having a 
                delivery confirmation, or delivered to an 
                overnight delivery service with an on-line 
                tracking system, if posted or delivered no 
                later than the 15th day before) any election in 
                which such candidate is seeking election, or 
                nomination for election, and which shall be 
                complete as of the 20th day before such 
                election;
                  (ii) a post-general election report, which 
                shall be filed no later than the 30th day after 
                any general election in which such candidate 
                has sought election, and which shall be 
                complete as of the 20th day after such general 
                election; and
                  (iii) additional quarterly reports, which 
                shall be filed no later than the 15th day after 
                the last day of each calendar quarter, and 
                which shall be complete as of the last day of 
                each calendar quarter: except that the report 
                for the quarter ending December 31 shall be 
                filed no later than January 31 of the following 
                calendar year; and
          (B) in any other calendar year the treasurer shall 
        file quarterly reports, which shall be filed not later 
        than the 15th day after the last day of each calendar 
        quarter, and which shall be complete as of the last day 
        of each calendar quarter, except that the report for 
        the quarter ending December 31 shall be filed not later 
        than January 31 of the following calendar year.
  (3) If the committee is the principal campaign committee of a 
candidate for the office of President--
          (A) in any calendar year during which a general 
        election is held to fill such office--
                  (i) the treasurer shall file monthly reports 
                if such committee has on January 1 of such 
                year, received contributions aggregating 
                $100,000 or made expenditures aggregating 
                $100,000 or anticipates receiving contributions 
                aggregating $100,000 or more or making 
                expenditures aggregating $100,000 or more 
                during such year: such monthly reports shall be 
                filed no later than the 20th day after the last 
                day of each month and shall be complete as of 
                the last day of the month, except that, in lieu 
                of filing the report otherwise due in November 
                and December, a pre-general election report 
                shall be filed in accordance with paragraph 
                (2)(A)(i), a post-general election report shall 
                be filed in accordance with paragraph 
                (2)(A)(ii), and a year end report shall be 
                filed no later than January 31 of the following 
                calendar year;
                  (ii) the treasurer of the other principal 
                campaign committees of a candidate for the 
                office of President shall file a pre-election 
                report or reports in accordance with paragraph 
                (2)(A)(i), a post-general election report in 
                accordance with paragraph (2)(A)(ii), and 
                quarterly reports in accordance with paragraph 
                (2)(A)(iii); and
                  (iii) if at any time during the election year 
                a committee filing under paragraph (3)(A)(ii) 
                receives contributions in excess of $100,000 or 
                makes expenditures in excess of $100,000, the 
                treasurer shall begin filing monthly reports 
                under paragraph (3)(A)(i) at the next reporting 
                period; and
          (B) in any other calendar year, the treasurer shall 
        file either--
                  (i) monthly reports, which shall be filed no 
                later than the 20th day after the last day of 
                each month and shall be compete as of the last 
                day of the month; or
                  (ii) quarterly reports, which shall be filed 
                no later than the 15th day after the last day 
                of each calendar quarter and which shall be 
                complete as of the last day of each calendar 
                quarter.
  (4) All political committees other than authorized committees 
of a candidate shall file either--
          (A)(i) quarterly reports, in a calendar year in which 
        a regularly scheduled general election is held, which 
        shall be filed no later than the 15th day after the 
        last day of each calendar quarter: except that the 
        report for the quarter ending on December 31 of such 
        calendar year shall be filed no later than January 31 
        of the following calendar year.
          (ii) a pre-election report, which shall be filed no 
        later than the 12th day before (or posted by any of the 
        following: registered mail, certified mail, priority 
        mail having a delivery confirmation, or express mail 
        having a delivery confirmation, or delivered to an 
        overnight delivery service with an on-line tracking 
        system, if posted or delivered no later than the 15th 
        day before) any election in which the committee makes a 
        contribution to or expenditure on behalf of a candidate 
        in such election, and which shall be complete as of the 
        20th day before the election;
          (iii) a post-general election report, which shall be 
        filed no later than the 30th day after the general 
        election and which shall be complete as of the 20th day 
        after such general election; and
          (iv) in any other calendar year, a report covering 
        the period beginning January 1 and ending June 30, 
        which shall be filed no later than July 31 and a report 
        covering the period beginning July 1 and ending 
        December 31, which shall be filed no later than January 
        31 of the following calendar year; or
          (B) monthly reports in all calendar years which shall 
        be filed no later than the 20th day after the last day 
        of the month and shall be complete as of the last day 
        of the month, except that, in lieu of filing the 
        reports otherwise due in November and December of any 
        year in which a regularly scheduled general election is 
        held, a pre-general election report shall be filed in 
        accordance with paragraph (2)(A)(i), a post-general 
        election report shall be filed in accordance with 
        paragraph (2)(A)(ii), and a year end report shall be 
        filed no later than January 31 of the following 
        calendar year.
Notwithstanding the preceding sentence, a national committee of 
a political party shall file the reports required under 
subparagraph (B).
          (5) If a designation, report, or statement filed 
        pursuant to this Act (other than under paragraph 
        (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent 
        by registered mail, certified mail, priority mail 
        having a delivery confirmation, or express mail having 
        a delivery confirmation, the United States postmark 
        shall be considered the date of filing the designation, 
        report or statement. If a designation, report or 
        statement filed pursuant to this Act (other than under 
        paragraph (2)(A)(i) or (4)(A)(ii), or subsection 
        (g)(1)) is sent by an overnight delivery service with 
        an on-line tracking system, the date on the proof of 
        delivery to the delivery service shall be considered 
        the date of filing of the designation, report, or 
        statement.
  (6)(A) The principal campaign committee of a candidate shall 
notify the Secretary or the Commission, and the Secretary of 
State, as appropriate, in writing, of any contribution of 
$1,000 or more received by any authorized committee of such 
candidate after the 20th day, but more than 48 hours before, 
any election. This notification shall be made within 48 hours 
after the receipt of such contribution and shall include the 
name of the candidate and the office sought by the candidate, 
the identification of the contributor, and the date of receipt 
and amount of the contribution.
  (B) Notification of expenditure from personal funds.--
          (i) Definition of expenditure from personal funds.--
        In this subparagraph, the term ``expenditure from 
        personal funds'' means--
                  (I) an expenditure made by a candidate using 
                personal funds; and
                  (II) a contribution or loan made by a 
                candidate using personal funds or a loan 
                secured using such funds to the candidate's 
                authorized committee.
          (ii) Declaration of intent.--Not later than the date 
        that is 15 days after the date on which an individual 
        becomes a candidate for the office of Senator, the 
        candidate shall file a declaration stating the total 
        amount of expenditures from personal funds that the 
        candidate intends to make, or to obligate to make, with 
        respect to the election that will exceed the State-by-
        State competitive and fair campaign formula with--
                  (I) the Commission; and
                  (II) each candidate in the same election.
          (iii) Initial notification.--Not later than 24 hours 
        after a candidate described in clause (ii) makes or 
        obligates to make an aggregate amount of expenditures 
        from personal funds in excess of 2 times the threshold 
        amount in connection with any election, the candidate 
        shall file a notification with--
                  (I) the Commission; and
                  (II) each candidate in the same election.
          (iv) Additional notification.--After a candidate 
        files an initial notification under clause (iii), the 
        candidate shall file an additional notification each 
        time expenditures from personal funds are made or 
        obligated to be made in an aggregate amount that exceed 
        $10,000 with--
                  (I) the Commission; and
                  (II) each candidate in the same election.
        Such notification shall be filed not later than 24 
        hours after the expenditure is made.
          (v) Contents.--A notification under clause (iii) or 
        (iv) shall include--
                  (I) the name of the candidate and the office 
                sought by the candidate;
                  (II) the date and amount of each expenditure; 
                and
                  (III) the total amount of expenditures from 
                personal funds that the candidate has made, or 
                obligated to make, with respect to an election 
                as of the date of the expenditure that is the 
                subject of the notification.
  (C) Notification of disposal of excess contributions.--In the 
next regularly scheduled report after the date of the election 
for which a candidate seeks nomination for election to, or 
election to, Federal office, the candidate or the candidate's 
authorized committee shall submit to the Commission a report 
indicating the source and amount of any excess contributions 
(as determined under paragraph (1) of section 315(i)) and the 
manner in which the candidate or the candidate's authorized 
committee used such funds.
  (D) Enforcement.--For provisions providing for the 
enforcement of the reporting requirements under this paragraph, 
see section 309.
  (E) The notification required under this paragraph shall be 
in addition to all other reporting requirements under this Act.
  (7) The reports required to be filed by this subsection shall 
be cumulative during the calendar year to which they relate, 
but where there has been no change in an item reported in a 
previous report during such year, only the amount need be 
carried forward.
  (8) The requirement for a political committee to file a 
quarterly report under paragraph (2)(A)(iii) or paragraph 
(4)(A)(i) shall be waived if such committee is required to file 
a pre-election report under paragraph (2)(A)(i), or paragraph 
(4)(A)(ii) during the period beginning on the 5th day after the 
close of the calendar quarter and ending on the 15th day after 
the close of the calendar quarter.
  (9) The Commission shall set filing dates for reports to be 
filed by principal campaign committees of candidates seeking 
election, or nomination for election, in special elections and 
political committees filing under paragraph (4)(A) which make 
contributions to or expenditures on behalf of a candidate or 
candidates in special elections. The Commission shall require 
no more than one pre-election report for each election and one 
post-election report for the election which fills the vacancy. 
The Commission may waive any reporting obligation of committees 
required to file for special elections if any report required 
by paragraph (2) or (4) is required to be filed within 10 days 
of a report required under this subsection. The Commission 
shall establish the reporting dates within 5 days of the 
setting of such election and shall publish such dates and 
notify the principal campaign committees of all candidates in 
such election of the reporting dates.
  (10) The treasurer of a committee supporting a candidate for 
the office of Vice President (other than the nominee of a 
political party) shall file reports in accordance with 
paragraph (3).
  (11)(A) The Commission shall promulgate a regulation under 
which a person required to file a designation, statement, or 
report under this Act--
          (i) is required to maintain and file a designation, 
        statement, or report for any calendar year in 
        electronic form accessible by computers if the person 
        has, or has reason to expect to have, aggregate 
        contributions or expenditures in excess of a threshold 
        amount determined by the Commission; and
          (ii) may maintain and file a designation, statement, 
        or report in electronic form or an alternative form if 
        not required to do so under the regulation promulgated 
        under clause (i).
  (B) The Commission shall make a designation, statement, 
report, or notification that is filed with the Commission under 
this Act available for inspection by the public in the offices 
of the Commission and accessible to the public on the Internet 
not later than 48 hours (or not later than 24 hours in the case 
of a designation, statement, report, or notification filed 
electronically) after receipt by the Commission.
  (C) In promulgating a regulation under this paragraph, the 
Commission shall provide methods (other than requiring a 
signature on the document being filed) for verifying 
designations, statements, and reports covered by the 
regulation. Any document verified under any of the methods 
shall be treated for all purposes (including penalties for 
perjury) in the same manner as a document verified by 
signature.
  (D) As used in this paragraph, the term ``report'' means, 
with respect to the Commission, a report, designation, or 
statement required by this Act to be filed with the Commission.
          (12) Software for filing of reports.--
                  (A) In general.--The Commission shall--
                          (i) promulgate standards to be used 
                        by vendors to develop software that--
                                  (I) permits candidates to 
                                easily record information 
                                concerning receipts and 
                                disbursements required to be 
                                reported under this Act at the 
                                time of the receipt or 
                                disbursement;
                                  (II) allows the information 
                                recorded under subclause (I) to 
                                be transmitted immediately to 
                                the Commission; and
                                  (III) allows the Commission 
                                to post the information on the 
                                Internet immediately upon 
                                receipt; and
                          (ii) make a copy of software that 
                        meets the standards promulgated under 
                        clause (i) available to each person 
                        required to file a designation, 
                        statement, or report in electronic form 
                        under this Act.
                  (B) Additional information.--To the extent 
                feasible, the Commission shall require vendors 
                to include in the software developed under the 
                standards under subparagraph (A) the ability 
                for any person to file any designation, 
                statement, or report required under this Act in 
                electronic form.
                  (C) Required use.--Notwithstanding any 
                provision of this Act relating to times for 
                filing reports, each candidate for Federal 
                office (or that candidate's authorized 
                committee) shall use software that meets the 
                standards promulgated under this paragraph once 
                such software is made available to such 
                candidate.
                  (D) Required posting.--The Commission shall, 
                as soon as practicable, post on the Internet 
                any information received under this paragraph.
  (b) Each report under this section shall disclose--
          (1) the amount of cash on hand at the beginning of 
        the reporting period;
          (2) for the reporting period and the calendar year 
        (or election cycle, in the case of an authorized 
        committee of a candidate for Federal office), the total 
        amount of all receipts, and the total amount of all 
        receipts in the following categories:
                  (A) contributions from persons other than 
                political committees;
                  (B) for an authorized committee, 
                contributions from the candidate;
                  (C) contributions from political party 
                committees;
                  (D) contributions from other political 
                committees;
                  (E) for an authorized committee, transfers 
                from other authorized committees of the same 
                candidate;
                  (F) transfers from affiliated committees and, 
                where the reporting committee is a political 
                party committee, transfers from other political 
                party committees, regardless of whether such 
                committees are affiliated;
                  (G) for an authorized committee, loans made 
                by or guaranteed by the candidate;
                  (H) all other loans;
                  (I) rebates, refunds, and other offsets to 
                operating expenditures;
                  (J) dividends, interest, and other forms of 
                receipts; and
                  (K) for an authorized committee of a 
                candidate for the office of President, Federal 
                funds received under chapter 95 and chapter 96 
                of the Internal Revenue Code of 1954;
          (3) the identification of each--
                  (A) person (other than a political committee) 
                who makes a contribution to the reporting 
                committee during the reporting period, whose 
                contribution or contributions have an aggregate 
                amount or value in excess of $200 within the 
                calendar year (or election cycle, in the case 
                of an authorized committee of a candidate for 
                Federal office), or in any lesser amount if the 
                reporting committee should so elect, together 
                with the date and amount of any such 
                contribution;
                  (B) political committee which makes a 
                contribution to the reporting committee during 
                the reporting period, together with the date 
                and amount of any such contribution;
                  (C) authorized committee which makes a 
                transfer to the reporting committee;
                  (D) affiliated committee which makes a 
                transfer to the reporting committee during the 
                reporting period and, where the reporting 
                committee is a political party committee, each 
                transfer of funds to the reporting committee 
                from another political party committee, 
                regardless of whether such committees are 
                affiliated, together with the date and amount 
                of such transfer;
                  (E) person who makes a loan to the reporting 
                committee during the reporting period, together 
                with the identification of any endorser or 
                guarantor of such loan, and the date and amount 
                or value of such loan;
                  (F) person who provides a rebate, refund, or 
                other offset to operating expenditures to the 
                reporting committee in an aggregate amount or 
                value in excess of $200 within the calendar 
                year (or election cycle, in the case of an 
                authorized committee of a candidate for Federal 
                office), together with the date and amount of 
                such receipt; and
                  (G) person who provides any dividend, 
                interest, or other receipt to the reporting 
                committee in an aggregate value or amount in 
                excess of $200 within the calendar year (or 
                election cycle, in the case of an authorized 
                committee of a candidate for Federal office), 
                together with the date and amount of any such 
                receipt;
          (4) for the reporting period and the calendar year 
        (or election cycle, in the case of an authorized 
        committee of a candidate for Federal office), the total 
        amount of all disbursements, and all disbursements in 
        the following categories:
                  (A) expenditures made to meet candidate or 
                committee operating expenses;
                  (B) for authorized committees, transfers to 
                other committees authorized by the same 
                candidate;
                  (C) transfers to affiliated committees and, 
                where the reporting committee is a political 
                party committee, transfers to other political 
                party committees, regardless of whether they 
                are affiliated;
                  (D) for an authorized committee, repayment of 
                loans made by or guaranteed by the candidate;
                  (E) repayment of all other loans;
                  (F) contribution refunds and other offsets to 
                contributions;
                  (G) for an authorized committee, any other 
                disbursements;
                  (H) for any political committee other than an 
                authorized committee--
                          (i) contributions made to other 
                        political committees;
                          (ii) loans made by the reporting 
                        committees;
                          (iii) independent expenditures;
                          (iv) expenditures made under section 
                        315(d) of this Act; and
                          (v) any other disbursements; and
                  (I) for an authorized committee of a 
                candidate for the office of President, 
                disbursements not subject to the limitation of 
                section 315(b);
          (5) the name and address of each--
                  (A) person to whom an expenditure in an 
                aggregate amount or value in excess of $200 
                within the calendar year is made by the 
                reporting committee to meet a candidate or 
                committee operating expense, together with the 
                date, amount, and purpose of such operating 
                expenditure;
                  (B) authorized committee to which a transfer 
                is made by the reporting committee;
                  (C) affiliated committee to which a transfer 
                is made by the reporting committee during the 
                reporting period and, where the reporting 
                committee is a political party committee, each 
                transfer of funds by the reporting committee to 
                another political party committee, regardless 
                of whether such committees are affiliated, 
                together with the date and amount of such 
                transfers;
                  (D) person who receives a loan repayment from 
                the reporting committee during the reporting 
                period, together with the date and amount of 
                such loan repayment; and
                  (E) person who receives a contribution refund 
                or other offset to contributions from the 
                reporting committee where such contribution was 
                reported under paragraph (3)(A) of this 
                subsection, together with the date and amount 
                of such disbursement;
          (6)(A) for an authorized committee, the name and 
        address of each person who has received any 
        disbursement not disclosed under paragraph (5) in an 
        aggregate amount or value in excess of $200 within the 
        calendar year (or election cycle, in the case of an 
        authorized committee of a candidate for Federal 
        office), together with the date and amount of any such 
        disbursement;
          (B) for any other political committee, the name and 
        address of each--
                  (i) political committee which has received a 
                contribution from the reporting committee 
                during the reporting period, together with the 
                date and amount of any such contribution;
                  (ii) person who has received a loan from the 
                reporting committee during the reporting 
                period, together with the date and amount of 
                such loan;
                  (iii) person who receives any disbursement 
                during the reporting period in an aggregate 
                amount or value in excess of $200 within the 
                calendar year (or election cycle, in the case 
                of an authorized committee of a candidate for 
                Federal office) in connection with an 
                independent expenditure by the reporting 
                committee, together with the date, amount, and 
                purpose of any such independent expenditure and 
                a statement which indicates whether such 
                independent expenditure is in support of, or in 
                opposition to, a candidate, as well as the name 
                and office sought by such candidate, and a 
                certification, under penalty of perjury, 
                whether such independent expenditure is made in 
                cooperation, consultation, or concert, with, or 
                at the request or suggestion of, any candidate 
                or any authorized committee or agent of such 
                committee;
                  (iv) person who receives any expenditure from 
                the reporting committee during the reporting 
                period in connection with an expenditure under 
                section 315(d) in the Act, together with the 
                date, amount, and purpose of any such 
                expenditure as well as the name of, and office 
                sought by, the candidate on whose behalf the 
                expenditure is made; and
                  (v) person who has received any disbursement 
                not otherwise disclosed in this paragraph or 
                paragraph (5) in an aggregate amount or value 
                in excess of $200 within the calendar year (or 
                election cycle, in the case of an authorized 
                committee of a candidate for Federal office) 
                from the reporting committee within the 
                reporting period, together with the date, 
                amount, and purpose of any such disbursement;
          (7) the total sum of all contributions to such 
        political committee, together with the total 
        contributions less offsets to contributions and the 
        total sum of all operating expenditures made by such 
        political committee, together with total operating 
        expenditures less offsets to operating expenditures, 
        for both the reporting period and the calendar year (or 
        election cycle, in the case of an authorized committee 
        of a candidate for Federal office); [and]
          (8) the amount and nature of outstanding debts and 
        obligations owed by or to such political committee; and 
        where such debts and obligations are settled for less 
        than their reported amount or value, a statement as to 
        the circumstances and conditions under which such debts 
        or obligations were extinguished and the consideration 
        therefor[.]; and
          (9) for any reportable foreign contact (as defined in 
        subsection (j)(3))--
                  (A) the date, time, and location of the 
                contact;
                  (B) the date and time of when a designated 
                official of the committee was notified of the 
                contact;
                  (C) the identity of individuals involved; and
                  (D) a description of the contact, including 
                the nature of any contribution, donation, 
                expenditure, disbursement, or solicitation 
                involved and the nature of any activity 
                described in subsection (j)(3)(A)(ii)(II) 
                involved.
  (c)(1) Every person (other than a political committee) who 
makes independent expenditures in an aggregate amount or value 
in excess of $250 during a calendar year shall file a statement 
containing the information required under subsection (b)(3)(A) 
for all contributions received by such person.
  (2) Statements required to be filed by this subsection shall 
be filed in accordance with subsection (a)(2), and shall 
include--
          (A) the information required by subsection 
        (b)(6)(B)(iii), indicating whether the independent 
        expenditure is in support of, or in opposition to, the 
        candidate involved;
          (B) under penalty of perjury, a certification whether 
        or not such independent expenditure is made in 
        cooperation, consultation, or concert, with, or at the 
        request or suggestion of, any candidate or any 
        authorized committee or agent of such candidate; and
          (C) the identification of each person who made a 
        contribution in excess of $200 to the person filing 
        such statement which was made for the purpose of 
        furthering an independent expenditure.
  (3) The Commission shall be responsible for expeditiously 
preparing indices which set forth, on a candidate-by-candidate 
basis, all independent expenditures separately, including those 
reported under subsection (b)(6)(B)(iii), made by or for each 
candidate, as reported under this subsection, and for 
periodically publishing such indices on a timely pre-election 
basis.
  (d)(1) Any person who is required to file a statement under 
subsection (c) or (g) of this section, except statements 
required to be filed electronically pursuant to subsection 
(a)(11)(A)(i) may file the statement by facsimile device or 
electronic mail, in accordance with such regulations as the 
Commission may promulgate.
  (2) The Commission shall make a document which is filed 
electronically with the Commission pursuant to this paragraph 
accessible to the public on the Internet not later than 24 
hours after the document is received by the Commission.
  (3) In promulgating a regulation under this paragraph, the 
Commission shall provide methods (other than requiring a 
signature on the document being filed) for verifying the 
documents covered by the regulation. Any document verified 
under any of the methods shall be treated for all purposes 
(including penalties for perjury) in the same manner as a 
document verified by signature.
  (e) Political Committees.--
          (1) National and congressional political 
        committees.--The national committee of a political 
        party, any national congressional campaign committee of 
        a political party, and any subordinate committee of 
        either, shall report all receipts and disbursements 
        during the reporting period.
          (2) Other political committees to which section 323 
        applies.--
                  (A) In general.--In addition to any other 
                reporting requirements applicable under this 
                Act, a political committee (not described in 
                paragraph (1)) to which section 323(b)(1) 
                applies shall report all receipts and 
                disbursements made for activities described in 
                section 301(20)(A), unless the aggregate amount 
                of such receipts and disbursements during the 
                calendar year is less than $5,000.
                  (B) Specific disclosure by state and local 
                parties of certain non-federal amounts 
                permitted to be spent on federal election 
                activity.--Each report by a political committee 
                under subparagraph (A) of receipts and 
                disbursements made for activities described in 
                section 301(20)(A) shall include a disclosure 
                of all receipts and disbursements described in 
                section 323(b)(2)(A) and (B).
          (3) Itemization.--If a political committee has 
        receipts or disbursements to which this subsection 
        applies from or to any person aggregating in excess of 
        $200 for any calendar year, the political committee 
        shall separately itemize its reporting for such person 
        in the same manner as required in paragraphs (3)(A), 
        (5), and (6) of subsection (b).
          (4) Reporting periods.--Reports required to be filed 
        under this subsection shall be filed for the same time 
        periods required for political committees under 
        subsection (a)(4)(B).
  (f) Disclosure of Electioneering Communications.--
          (1) Statement required.--Every person who makes a 
        disbursement for the direct costs of producing and 
        airing electioneering communications in an aggregate 
        amount in excess of $10,000 during any calendar year 
        shall, within 24 hours of each disclosure date, file 
        with the Commission a statement containing the 
        information described in paragraph (2).
          (2) Contents of statement.--Each statement required 
        to be filed under this subsection shall be made under 
        penalty of perjury and shall contain the following 
        information:
                  (A) The identification of the person making 
                the disbursement, of any person sharing or 
                exercising direction or control over the 
                activities of such person, and of the custodian 
                of the books and accounts of the person making 
                the disbursement.
                  (B) The principal place of business of the 
                person making the disbursement, if not an 
                individual.
                  (C) The amount of each disbursement of more 
                than $200 during the period covered by the 
                statement and the identification of the person 
                to whom the disbursement was made.
                  (D) The elections to which the electioneering 
                communications pertain and the names (if known) 
                of the candidates identified or to be 
                identified.
                  (E) If the disbursements were paid out of a 
                segregated bank account which consists of funds 
                contributed solely by individuals who are 
                United States citizens or nationals or lawfully 
                admitted for permanent residence (as defined in 
                section 101(a)(20) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(20))) 
                directly to this account for electioneering 
                communications, the names and addresses of all 
                contributors who contributed an aggregate 
                amount of $1,000 or more to that account during 
                the period beginning on the first day of the 
                preceding calendar year and ending on the 
                disclosure date. Nothing in this subparagraph 
                is to be construed as a prohibition on the use 
                of funds in such a segregated account for a 
                purpose other than electioneering 
                communications.
                  (F) If the disbursements were paid out of 
                funds not described in subparagraph (E), the 
                names and addresses of all contributors who 
                contributed an aggregate amount of $1,000 or 
                more to the person making the disbursement 
                during the period beginning on the first day of 
                the preceding calendar year and ending on the 
                disclosure date.
          (3) Electioneering communication.--For purposes of 
        this subsection--
                  (A) In general.--(i) The term 
                ``electioneering communication'' means any 
                broadcast, cable, or satellite communication 
                which--
                          (I) refers to a clearly identified 
                        candidate for Federal office;
                          (II) is made within--
                                  (aa) 60 days before a 
                                general, special, or runoff 
                                election for the office sought 
                                by the candidate; or
                                  (bb) 30 days before a primary 
                                or preference election, or a 
                                convention or caucus of a 
                                political party that has 
                                authority to nominate a 
                                candidate, for the office 
                                sought by the candidate; and
                          (III) in the case of a communication 
                        which refers to a candidate for an 
                        office other than President or Vice 
                        President, is targeted to the relevant 
                        electorate.
                  (ii) If clause (i) is held to be 
                constitutionally insufficient by final judicial 
                decision to support the regulation provided 
                herein, then the term ``electioneering 
                communication'' means any broadcast, cable, or 
                satellite communication which promotes or 
                supports a candidate for that office, or 
                attacks or opposes a candidate for that office 
                (regardless of whether the communication 
                expressly advocates a vote for or against a 
                candidate) and which also is suggestive of no 
                plausible meaning other than an exhortation to 
                vote for or against a specific candidate. 
                Nothing in this subparagraph shall be construed 
                to affect the interpretation or application of 
                section 100.22(b) of title 11, Code of Federal 
                Regulations.
                  (B) Exceptions.--The term ``electioneering 
                communication'' does not include--
                          (i) a communication appearing in a 
                        news story, commentary, or editorial 
                        distributed through the facilities of 
                        any broadcasting station, unless such 
                        facilities are owned or controlled by 
                        any political party, political 
                        committee, or candidate;
                          (ii) a communication which 
                        constitutes an expenditure or an 
                        independent expenditure under this Act;
                          (iii) a communication which 
                        constitutes a candidate debate or forum 
                        conducted pursuant to regulations 
                        adopted by the Commission, or which 
                        solely promotes such a debate or forum 
                        and is made by or on behalf of the 
                        person sponsoring the debate or forum; 
                        or
                          (iv) any other communication exempted 
                        under such regulations as the 
                        Commission may promulgate (consistent 
                        with the requirements of this 
                        paragraph) to ensure the appropriate 
                        implementation of this paragraph, 
                        except that under any such regulation a 
                        communication may not be exempted if it 
                        meets the requirements of this 
                        paragraph and is described in section 
                        301(20)(A)(iii).
                  (C) Targeting to relevant electorate.--For 
                purposes of this paragraph, a communication 
                which refers to a clearly identified candidate 
                for Federal office is ``targeted to the 
                relevant electorate'' if the communication can 
                be received by 50,000 or more persons--
                          (i) in the district the candidate 
                        seeks to represent, in the case of a 
                        candidate for Representative in, or 
                        Delegate or Resident Commissioner to, 
                        the Congress; or
                          (ii) in the State the candidate seeks 
                        to represent, in the case of a 
                        candidate for Senator.
          (4) Disclosure date.--For purposes of this 
        subsection, the term ``disclosure date'' means--
                  (A) the first date during any calendar year 
                by which a person has made disbursements for 
                the direct costs of producing or airing 
                electioneering communications aggregating in 
                excess of $10,000; and
                  (B) any other date during such calendar year 
                by which a person has made disbursements for 
                the direct costs of producing or airing 
                electioneering communications aggregating in 
                excess of $10,000 since the most recent 
                disclosure date for such calendar year.
          (5) Contracts to disburse.--For purposes of this 
        subsection, a person shall be treated as having made a 
        disbursement if the person has executed a contract to 
        make the disbursement.
          (6) Coordination with other requirements.--Any 
        requirement to report under this subsection shall be in 
        addition to any other reporting requirement under this 
        Act.
          (7) Coordination with internal revenue code.--Nothing 
        in this subsection may be construed to establish, 
        modify, or otherwise affect the definition of political 
        activities or electioneering activities (including the 
        definition of participating in, intervening in, or 
        influencing or attempting to influence a political 
        campaign on behalf of or in opposition to any candidate 
        for public office) for purposes of the Internal Revenue 
        Code of 1986.
  (g) Time for Reporting Certain Expenditures.--
          (1) Expenditures aggregating $1,000.--
                  (A) Initial report.--A person (including a 
                political committee) that makes or contracts to 
                make independent expenditures aggregating 
                $1,000 or more after the 20th day, but more 
                than 24 hours, before the date of an election 
                shall file a report describing the expenditures 
                within 24 hours.
                  (B) Additional reports.--After a person files 
                a report under subparagraph (A), the person 
                shall file an additional report within 24 hours 
                after each time the person makes or contracts 
                to make independent expenditures aggregating an 
                additional $1,000 with respect to the same 
                election as that to which the initial report 
                relates.
          (2) Expenditures aggregating $10,000.--
                  (A) Initial report.--A person (including a 
                political committee) that makes or contracts to 
                make independent expenditures aggregating 
                $10,000 or more at any time up to and including 
                the 20th day before the date of an election 
                shall file a report describing the expenditures 
                within 48 hours.
                  (B) Additional reports.--After a person files 
                a report under subparagraph (A), the person 
                shall file an additional report within 48 hours 
                after each time the person makes or contracts 
                to make independent expenditures aggregating an 
                additional $10,000 with respect to the same 
                election as that to which the initial report 
                relates.
          (3) Place of filing; contents.--A report under this 
        subsection--
                  (A) shall be filed with the Commission; and
                  (B) shall contain the information required by 
                subsection (b)(6)(B)(iii), including the name 
                of each candidate whom an expenditure is 
                intended to support or oppose.
          (4) Time of filing for expenditures aggregating 
        $1,000.--Notwithstanding subsection (a)(5), the time at 
        which the statement under paragraph (1) is received by 
        the Commission or any other recipient to whom the 
        notification is required to be sent shall be considered 
        the time of filing of the statement with the recipient.
  (h) Reports From Inaugural Committees.--The Federal Election 
Commission shall make any report filed by an Inaugural 
Committee under section 510 of title 36, United States Code, 
accessible to the public at the offices of the Commission and 
on the Internet not later than 48 hours after the report is 
received by the Commission.
  (i) Disclosure of Bundled Contributions.--
          (1) Required disclosure.--Each committee described in 
        paragraph (6) shall include in the first report 
        required to be filed under this section after each 
        covered period (as defined in paragraph (2)) a separate 
        schedule setting forth the name, address, and employer 
        of each person reasonably known by the committee to be 
        a person described in paragraph (7) who provided 2 or 
        more bundled contributions to the committee in an 
        aggregate amount greater than the applicable threshold 
        (as defined in paragraph (3)) during the covered 
        period, and the aggregate amount of the bundled 
        contributions provided by each such person during the 
        covered period.
          (2) Covered period.--In this subsection, a ``covered 
        period'' means, with respect to a committee--
                  (A) the period beginning January 1 and ending 
                June 30 of each year;
                  (B) the period beginning July 1 and ending 
                December 31 of each year; and
                  (C) any reporting period applicable to the 
                committee under this section during which any 
                person described in paragraph (7) provided 2 or 
                more bundled contributions to the committee in 
                an aggregate amount greater than the applicable 
                threshold.
          (3) Applicable threshold.--
                  (A) In general.--In this subsection, the 
                ``applicable threshold'' is $15,000, except 
                that in determining whether the amount of 
                bundled contributions provided to a committee 
                by a person described in paragraph (7) exceeds 
                the applicable threshold, there shall be 
                excluded any contribution made to the committee 
                by the person or the person's spouse.
                  (B) Indexing.--In any calendar year after 
                2007, section 315(c)(1)(B) shall apply to the 
                amount applicable under subparagraph (A) in the 
                same manner as such section applies to the 
                limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such 
                section, except that for purposes of applying 
                such section to the amount applicable under 
                subparagraph (A), the ``base period'' shall be 
                2006.
          (4) Public availability.--The Commission shall ensure 
        that, to the greatest extent practicable--
                  (A) information required to be disclosed 
                under this subsection is publicly available 
                through the Commission website in a manner that 
                is searchable, sortable, and downloadable; and
                  (B) the Commission's public database 
                containing information disclosed under this 
                subsection is linked electronically to the 
                websites maintained by the Secretary of the 
                Senate and the Clerk of the House of 
                Representatives containing information filed 
                pursuant to the Lobbying Disclosure Act of 
                1995.
          (5) Regulations.--Not later than 6 months after the 
        date of enactment of the Honest Leadership and Open 
        Government Act of 2007, the Commission shall promulgate 
        regulations to implement this subsection. Under such 
        regulations, the Commission--
                  (A) may, notwithstanding paragraphs (1) and 
                (2), provide for quarterly filing of the 
                schedule described in paragraph (1) by a 
                committee which files reports under this 
                section more frequently than on a quarterly 
                basis;
                  (B) shall provide guidance to committees with 
                respect to whether a person is reasonably known 
                by a committee to be a person described in 
                paragraph (7), which shall include a 
                requirement that committees consult the 
                websites maintained by the Secretary of the 
                Senate and the Clerk of the House of 
                Representatives containing information filed 
                pursuant to the Lobbying Disclosure Act of 
                1995;
                  (C) may not exempt the activity of a person 
                described in paragraph (7) from disclosure 
                under this subsection on the grounds that the 
                person is authorized to engage in fundraising 
                for the committee or any other similar grounds; 
                and
                  (D) shall provide for the broadest possible 
                disclosure of activities described in this 
                subsection by persons described in paragraph 
                (7) that is consistent with this subsection.
          (6) Committees described.--A committee described in 
        this paragraph is an authorized committee of a 
        candidate, a leadership PAC, or a political party 
        committee.
          (7) Persons described.--A person described in this 
        paragraph is any person, who, at the time a 
        contribution is forwarded to a committee as described 
        in paragraph (8)(A)(i) or is received by a committee as 
        described in paragraph (8)(A)(ii), is--
                  (A) a current registrant under section 4(a) 
                of the Lobbying Disclosure Act of 1995;
                  (B) an individual who is listed on a current 
                registration filed under section 4(b)(6) of 
                such Act or a current report under section 
                5(b)(2)(C) of such Act; or
                  (C) a political committee established or 
                controlled by such a registrant or individual.
          (8) Definitions.--For purposes of this subsection, 
        the following definitions apply:
                  (A) Bundled contribution.--The term ``bundled 
                contribution'' means, with respect to a 
                committee described in paragraph (6) and a 
                person described in paragraph (7), a 
                contribution (subject to the applicable 
                threshold) which is--
                          (i) forwarded from the contributor or 
                        contributors to the committee by the 
                        person; or
                          (ii) received by the committee from a 
                        contributor or contributors, but 
                        credited by the committee or candidate 
                        involved (or, in the case of a 
                        leadership PAC, by the individual 
                        referred to in subparagraph (B) 
                        involved) to the person through 
                        records, designations, or other means 
                        of recognizing that a certain amount of 
                        money has been raised by the person.
                  (B) Leadership pac.--The term ``leadership 
                PAC'' means, with respect to a candidate for 
                election to Federal office or an individual 
                holding Federal office, a political committee 
                that is directly or indirectly established, 
                financed, maintained or controlled by the 
                candidate or the individual but which is not an 
                authorized committee of the candidate or 
                individual and which is not affiliated with an 
                authorized committee of the candidate or 
                individual, except that such term does not 
                include a political committee of a political 
                party.
  (j) Disclosure of Reportable Foreign Contacts.--
          (1) Committee obligation to notify.--Not later than 1 
        week after a reportable foreign contact, each political 
        committee shall notify the Federal Bureau of 
        Investigation and the Commission of the reportable 
        foreign contact and provide a summary of the 
        circumstances with respect to such reportable foreign 
        contact. The Federal Bureau of Investigation, not later 
        than 1 week after receiving a notification from a 
        political committee under this paragraph, shall submit 
        to the political committee, the Permanent Select 
        Committee on Intelligence of the House of 
        Representatives, and the Select Committee on 
        Intelligence of the Senate written or electronic 
        confirmation of receipt of the notification.
          (2) Individual obligation to notify.--Not later than 
        3 days after a reportable foreign contact--
                  (A) each candidate and each immediate family 
                member of a candidate shall notify the 
                treasurer or other designated official of the 
                principal campaign committee of such candidate 
                of the reportable foreign contact and provide a 
                summary of the circumstances with respect to 
                such reportable foreign contact; and
                  (B) each official, employee, or agent of a 
                political committee shall notify the treasurer 
                or other designated official of the committee 
                of the reportable foreign contact and provide a 
                summary of the circumstances with respect to 
                such reportable foreign contact.
          (3) Reportable foreign contact.--In this subsection:
                  (A) In general.--The term ``reportable 
                foreign contact'' means any direct or indirect 
                contact or communication that--
                          (i) is between--
                                  (I) a candidate, an immediate 
                                family member of the candidate, 
                                a political committee, or any 
                                official, employee, or agent of 
                                such committee; and
                                  (II) an individual that the 
                                person described in subclause 
                                (I) knows, has reason to know, 
                                or reasonably believes is a 
                                covered foreign national; and
                          (ii) the person described in clause 
                        (i)(I) knows, has reason to know, or 
                        reasonably believes involves--
                                  (I) an offer or other 
                                proposal for a contribution, 
                                donation, expenditure, 
                                disbursement, or solicitation 
                                described in section 319; or
                                  (II) coordination or 
                                collaboration with, an offer or 
                                provision of information or 
                                services to or from, or 
                                persistent and repeated contact 
                                with, a covered foreign 
                                national in connection with an 
                                election.
                  (B) Exceptions.--
                          (i) Contacts in official capacity as 
                        elected official.--The term 
                        ``reportable foreign contact'' shall 
                        not include any contact or 
                        communication with a covered foreign 
                        national by an elected official or an 
                        employee of an elected official solely 
                        in an official capacity as such an 
                        official or employee.
                          (ii) Contacts for purposes of 
                        enabling observation of elections by 
                        international observers.--The term 
                        ``reportable foreign contact'' shall 
                        not include any contact or 
                        communication with a covered foreign 
                        national by any person which is made 
                        for purposes of enabling the 
                        observation of elections in the United 
                        States by a foreign national or the 
                        observation of elections outside of the 
                        United States by a candidate, political 
                        committee, or any official, employee, 
                        or agent of such committee.
                          (iii) Exceptions not applicable if 
                        contacts or communications involve 
                        prohibited disbursements.--A contact or 
                        communication by an elected official or 
                        an employee of an elected official 
                        shall not be considered to be made 
                        solely in an official capacity for 
                        purposes of clause (i), and a contact 
                        or communication shall not be 
                        considered to be made for purposes of 
                        enabling the observation of elections 
                        for purposes of clause (ii), if the 
                        contact or communication involves a 
                        contribution, donation, expenditure, 
                        disbursement, or solicitation described 
                        in section 319.
                  (C) Covered foreign national defined.--
                          (i) In general.--In this paragraph, 
                        the term ``covered foreign national'' 
                        means--
                                  (I) a foreign principal (as 
                                defined in section 1(b) of the 
                                Foreign Agents Registration Act 
                                of 1938 (22 U.S.C. 611(b))) 
                                that is a government of a 
                                foreign country or a foreign 
                                political party;
                                  (II) any person who acts as 
                                an agent, representative, 
                                employee, or servant, or any 
                                person who acts in any other 
                                capacity at the order, request, 
                                or under the direction or 
                                control, of a foreign principal 
                                described in subclause (I) or 
                                of a person any of whose 
                                activities are directly or 
                                indirectly supervised, 
                                directed, controlled, financed, 
                                or subsidized in whole or in 
                                major part by a foreign 
                                principal described in 
                                subclause (I); or
                                  (III) any person included in 
                                the list of specially 
                                designated nationals and 
                                blocked persons maintained by 
                                the Office of Foreign Assets 
                                Control of the Department of 
                                the Treasury pursuant to 
                                authorities relating to the 
                                imposition of sanctions 
                                relating to the conduct of a 
                                foreign principal described in 
                                subclause (I).
                          (ii) Clarification regarding 
                        application to citizens of the united 
                        states.--In the case of a citizen of 
                        the United States, subclause (II) of 
                        clause (i) applies only to the extent 
                        that the person involved acts within 
                        the scope of that person's status as 
                        the agent of a foreign principal 
                        described in subclause (I) of clause 
                        (i).
          (4) Immediate family member.--In this subsection, the 
        term ``immediate family member'' means, with respect to 
        a candidate, a parent, parent-in-law, spouse, adult 
        child, or sibling.

           *       *       *       *       *       *       *


                              enforcement

  Sec. 309. (a)(1) Any person who believes a violation of this 
Act or of chapter 95 or chapter 96 of the Internal Revenue Code 
of 1954 has occurred, may file a complaint with the Commission. 
Such complaint shall be in writing, signed and sworn to by the 
person filing such complaint, shall be notarized, and shall be 
made under penalty of perjury and subject to the provisions of 
section 1001 of title 18, United States Code. Within 5 days 
after receipt of a complaint, the Commission shall notify, in 
writing, any person alleged in the complaint to have committed 
such a violation. Before the Commission conducts any vote on 
the complaint, other than a vote to dismiss, any person so 
notified shall have the opportunity to demonstrate, in writing, 
to the Commission within 15 days after notification that no 
action should be taken against such person on the basis of the 
complaint. The Commission may not conduct any investigation or 
take any other action under this section solely on the basis of 
a complaint of a person whose identity is not disclosed to the 
Commission.
  (2) If the Commission, upon receiving a complaint under 
paragraph (1) or on the basis of information ascertained in the 
normal course of carrying out its supervisory responsibilities, 
determines, by an affirmative vote of 4 of its members, that it 
has reason to believe that a person has committed, or is about 
to commit, a violation of this Act or chapter 95 or chapter 96 
of the Internal Revenue Code of 1954, the Commission shall, 
through its chairman or vice chairman, notify the person of the 
alleged violation. Such notification shall set forth the 
factual basis for such alleged violation. The Commission shall 
make an investigation of such alleged violation, which may 
include a field investigation or audit, in accordance with the 
provisions of this section.
  (3) The general counsel of the Commission shall notify the 
respondent of any recommendation to the Commission by the 
general counsel to proceed to a vote on probable cause pursuant 
to paragraph (4)(A)(i). With such notification, the general 
counsel shall include a brief stating the position of the 
general counsel on the legal and factual issues of the case. 
Within 15 days of receipt of such brief, respondent may submit 
a brief stating the position of such respondent on the legal 
and factual issues of the case, and replying to the brief of 
general counsel. Such briefs shall be filed with the Secretary 
of the Commission and shall be considered by the Commission 
before proceeding under paragraph (4).
  (4)(A)(i) Except as provided in clauses (ii) and subparagraph 
(C), if the Commission determines, by an affirmative vote of 4 
of its members, that there is probable cause to believe that 
any person has committed, or is about to commit, a violation of 
this Act or of chapter 95 or chapter 96 of the Internal Revenue 
Code of 1954, the Commission shall attempt, for a period of at 
least 30 days, to correct or prevent such violation by informal 
methods of conference, conciliation, and persuasion, and to 
enter into a conciliation agreement with any person involved. 
Such attempt by the Commission to correct or prevent such 
violation may continue for a period of not more than 90 days. 
The Commission may not enter into a conciliation agreement 
under this clause except pursuant to an affirmative vote of 4 
of its members. A conciliation agreement, unless violated, is a 
complete bar to any further action by the Commission, including 
the bringing of a civil proceeding under paragraph (6)(A).
  (ii) If any determination of the Commission under clause (i) 
occurs during the 45-day period immediately preceding any 
election, then the Commission shall attempt, for a period of at 
least 15 days, to correct or prevent the violation involved by 
the methods specified in clause (i).
  (B)(i) No action by the Commission or any person, and no 
information derived, in connection with any conciliation 
attempt by the Commission under subparagraph (A) may be made 
public by the Commission without the written consent of the 
respondent and the Commission.
  (ii) If a conciliation agreement is agreed upon by the 
Commission and the respondent, the Commission shall make public 
any conciliation agreement signed by both the Commission and 
the respondent. If the Commission makes a determination that a 
person has not violated this Act or chapter 95 or chapter 96 of 
the Internal Revenue Code of 1954, the Commission shall make 
public such determination.
  (C)(i) Notwithstanding subparagraph (A), in the case of a 
violation of a qualified disclosure requirement, the Commission 
may--
          (I) find that a person committed such a violation on 
        the basis of information obtained pursuant to the 
        procedures described in paragraphs (1) and (2); and
          (II) based on such finding, require the person to pay 
        a civil money penalty in an amount determined, for 
        violations of each qualified disclosure requirement, 
        under a schedule of penalties which is established and 
        published by the Commission and which takes into 
        account the amount of the violation involved, the 
        existence of previous violations by the person, and 
        such other factors as the Commission considers 
        appropriate.
  (ii) The Commission may not make any determination adverse to 
a person under clause (i) until the person has been given 
written notice and an opportunity to be heard before the 
Commission.
  (iii) Any person against whom an adverse determination is 
made under this subparagraph may obtain a review of such 
determination in the district court of the United States for 
the district in which the person resides, or transacts 
business, by filing in such court (prior to the expiration of 
the 30-day period which begins on the date the person receives 
notification of the determination) a written petition 
requesting that the determination be modified or set aside.
                  (iv) In this subparagraph, the term 
                ``qualified disclosure requirement'' means any 
                requirement of--
                          (I) subsections (a), (c), (e), (f), 
                        (g), or (i) of section 304; or
                          (II) section 305.
  (v) This subparagraph shall apply with respect to violations 
that relate to reporting periods that begin on or after January 
1, 2000, and that end on or before December 31, 2023.
  (5)(A) If the Commission believes that a violation of this 
Act or of chapter 95 or chapter 96 of the Internal Revenue Code 
of 1954 has been committed, a conciliation agreement entered 
into by the Commission under paragraph (4)(A) may include a 
requirement that the person involved in such conciliation 
agreement shall pay a civil penalty which does not exceed the 
greater of $5,000 or an amount equal to any contribution or 
expenditure involved in such violation.
  (B) If the Commission believes that a knowing and willful 
violation of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954 has been committed, a 
conciliation agreement entered into by the Commission under 
paragraph (4)(A) may require that the person involved in such 
conciliation agreement shall pay a civil penalty which does not 
exceed the greater of $10,000 or an amount equal to 200 percent 
of any contribution or expenditure involved in such violation 
(or, in the case of a violation of section 320, which is not 
less than 300 percent of the amount involved in the violation 
and is not more than the greater of $50,000 or 1,000 percent of 
the amount involved in the violation).
  (C) If the Commission by an affirmative vote of 4 of its 
members, determined that there is probable cause to believe 
that a knowing and willful violation of this Act which is 
subject to subsection (d), or a knowing and willful violation 
of chapter 95 or chapter 96 of the Internal Revenue Code of 
1954, has occurred or is about to occur, it may refer such 
apparent violation to the Attorney General of the United States 
without regard to any limitations set forth in paragraph 
(4)(A).
  (D) In any case in which a person has entered into a 
conciliation agreement with the Commission under paragraph 
(4)(A), the Commission may institute a civil action for relief 
under paragraph (6)(A) if it believes that the person has 
violated any provision of such conciliation agreement. For the 
Commission to obtain relief in any civil action, the Commission 
need only establish that the person has violated, in whole or 
in part, any requirement of such conciliation agreement.
  (6)(A) If the Commission is unable to correct or prevent any 
violation of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954, by the methods specified in 
paragraph (4), the Commission may, upon an affirmative vote of 
4 of its members, institute a civil action for relief, 
including a permanent or temporary injunction, restraining 
order, or any other appropriate order (including an order for a 
civil penalty which does not exceed the greater of $5,000 or an 
amount equal to any contribution or expenditure involved in 
such violation) in the district court of the United States for 
the district in which the person against whom such action is 
brought is found, resides, or transacts business.
  (B) In any civil action instituted by the Commission under 
subparagraph (A), the court may grant a permanent or temporary 
injunction, restraining order, or other order, including a 
civil penalty which does not exceed the greater of $5,000 or an 
amount equal to any contribution or expenditure involved in 
such violation, upon a proper showing that the person involved 
has committed, or is about to commit (if the relief sought is a 
permanent or temporary injunction or a restraining order), a 
violation of this Act or chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954.
  (C) In any civil action for relief instituted by the 
Commission under subparagraph (A), if the court determines that 
the Commission has established that the person involved in such 
civil action has committed a knowing and willful violation of 
this Act or of chapter 95 or chapter 96 of the Internal Revenue 
Code of 1954, the court may impose a civil penalty which does 
not exceed the greater of $10,000 or an amount equal to 200 
percent of any contribution or expenditure involved in such 
violation (or, in the case of a violation of section 320, which 
is not less than 300 percent of the amount involved in the 
violation and is not more than the greater of $50,000 or 1,000 
percent of the amount involved in the violation).
  (7) In any action brought under paragraph (5) or (6), 
subpenas for witnesses who are required to attend a United 
States district court may run into any other district.
  (8)(A) Any party aggrieved by an order to the Commission 
dismissing a complaint filed by such party under paragraph (1), 
or by a failure of the Commission to act on such complaint 
during the 120-day period beginning on the date the complaint 
is filed, may file a petition with the United States District 
Court for the District of Columbia.
  (B) Any petition under subparagraph (A) shall be filed, in 
the case of a dismissal of a compliant by the Commission, 
within 60 days after the date of the dismissal.
  (C) In any proceeding under this paragraph the court may 
declare that the dismissal of the complaint or the failure to 
act is contrary to law, and may direct the Commission to 
conform with such declaration within 30 days, failing which the 
complainant may bring, in the name of such complainant, a civil 
action to remedy the violation involved in the original 
complaint.
  (9) Any judgment of a district court under this subsection 
may be appealed to the court of appeals, and the judgment of 
the court of appeals affirming or setting aside, in whole or in 
part, any such order of the district court shall be final, 
subject to review by the Supreme Court of the United States 
upon certiorari or certification as provided in section 1254 of 
title 28, United States Code.
  (11) If the Commission determines after an investigation that 
any person has violated an order of the court entered in a 
proceeding brought under paragraph (6), it may petition the 
court for an order to hold such person in civil contempt, but 
if it believes the violation to be knowing and willful it may 
petition the court for an order to hold such person in criminal 
contempt.
  (12)(A) Any notification or investigation made under this 
section shall not be made public by the Commission or by any 
person without the written consent of the person receiving such 
notification or the person with respect to whom such 
investigation is made.
  (B) Any member or employee of the Commission, or any other 
person, who violates the provisions of subparagraph (A) shall 
be fined not more than $2,000. Any such member, employee, or 
other person who knowingly and willfully violates the 
provisions of subparagraph (A) shall be fined not more than 
$5,000.
  (b) Before taking any action under subsection (a) against any 
person who has failed to file a report required under section 
304(a)(2)(A)(iii) for the calendar quarter immediately 
preceding the election involved, or in accordance with section 
304(a)(2)(A)(i), the Commission shall notify the person of such 
failure to file the required reports. If a satisfactory 
response is not received within 4 business days after the date 
of notification, the Commission shall, pursuant to section 
311(a)(7), publish before the election the name of the person 
and the report or reports such person has failed to file.
  (c) Whenever the Commission refers an apparent violation to 
the Attorney General, the Attorney General shall report to the 
Commission any action taken by the Attorney General regarding 
the apparent violation. Each report shall be transmitted within 
60 days after the date the Commission refers an apparent 
violation, and every 30 days thereafter until the final 
disposition of the apparent violation.
  (d)(1)(A) Any person who knowingly and willfully commits a 
violation of any provision of this Act which involves the 
making, receiving, or reporting of any contribution, donation, 
or expenditure--
          (i) aggregating $25,000 or more during a calendar 
        year shall be fined under title 18, United States Code, 
        or imprisoned for not more than 5 years, or both; or
          (ii) aggregating $2,000 or more (but less than 
        $25,000) during a calendar year shall be fined under 
        such title, or imprisoned for not more than 1 year, or 
        both.
  (B) In the case of a knowing and willful violation of section 
316(b)(3), the penalties set forth in this subsection shall 
apply to a violation involving an amount aggregating $250 or 
more during a calendar year. Such violation of section 
316(b)(3) may incorporate a violation of section 317(b), 320, 
or 321.
  (C) In the case of a knowing and willful violation of section 
322, the penalties set forth in this subsection shall apply 
without regard to whether the making, receiving, or reporting 
of a contribution or expenditure of $1,000 or more is involved.
  (D) Any person who knowingly and willfully commits a 
violation of section 320 involving an amount aggregating more 
than $10,000 during a calendar year shall be--
          (i) imprisoned for not more than 2 years if the 
        amount is less than $25,000 (and subject to 
        imprisonment under subparagraph (A) if the amount is 
        $25,000 or more);
          (ii) fined not less than 300 percent of the amount 
        involved in the violation and not more than the greater 
        of--
                  (I) $50,000; or
                  (II) 1,000 percent of the amount involved in 
                the violation; or
          (iii) both imprisoned under clause (i) and fined 
        under clause (ii).
  (E) Any person who knowingly and willfully commits a 
violation of subsection (j) or (b)(9) of section 304 or section 
302(j) shall be fined not more than $500,000, imprisoned not 
more than 5 years, or both.
  (F) Any person who knowingly and willfully conceals or 
destroys any materials relating to a reportable foreign contact 
(as defined in section 304(j)) shall be fined not more than 
$1,000,000, imprisoned not more than 5 years, or both.
  (G)(i) Any person who knowingly and willfully commits a 
violation of section 319 which involves a foreign national 
which is a government of a foreign country or a foreign 
political party, or which involves a thing of value consisting 
of the provision of opposition research, polling, or other non-
public information relating to a candidate for election for a 
Federal, State, or local office for the purpose of influencing 
the election, shall be fined under title 18, United States 
Code, or imprisoned for not more than 5 years, or both.
  (ii) In clause (i), each of the terms ``government of a 
foreign country'' and ``foreign political party'' has the 
meaning given such term in section 1 of the Foreign Agents 
Registration Act of 1938, as Amended (22 U.S.C. 611).
  (2) In any criminal action brought for a violation of any 
provision of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954, any defendant may evidence their 
lack of knowledge or intent to commit the alleged violation by 
introducing as evidence a conciliation agreement entered into 
between the defendant and the Commission under subsection 
(a)(4)(A) which specifically deals with the act or failure to 
act constituting such violation and which is still in effect.
  (3) In any criminal action brought for a violation of any 
provision of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954, the court before which such 
action is brought shall take into account, in weighing the 
seriousness of the violation and in considering the 
appropriateness of the penalty to be imposed if the defendant 
is found guilty, whether--
          (A) the specific act or failure to act which 
        constitutes the violation for which the action was 
        brought is the subject of a conciliation agreement 
        entered into between the defendant and the Commission 
        under subparagraph (a)(4)(A);
          (B) the conciliation agreement is in effect; and
          (C) the defendant is, with respect to the violation 
        involved, in compliance with the conciliation 
        agreement.

           *       *       *       *       *       *       *


            contributions and donations by foreign nationals

  Sec. 319. (a) Prohibition.--It shall be unlawful for--
          (1) a foreign national, directly or indirectly, to 
        make--
                  (A) a contribution or donation of money or 
                other thing of value, or to make an express or 
                implied [promise to make a contribution or 
                donation] promise to make such a contribution 
                or donation, in connection with a Federal, 
                State, or local election;
                  (B) a contribution or [donation] donation of 
                money or other thing of value, or to make an 
                express or implied promise to make such a 
                contribution or donation, to a committee of a 
                political party; or
                  (C) an expenditure, independent expenditure, 
                or disbursement for an electioneering 
                communication (within the meaning of section 
                304(f)(3)); or
          [(2) a person to solicit, accept, or receive a 
        contribution or donation described in subparagraph (A) 
        or (B) of paragraph (1) from a foreign national.]
          (2) a person to solicit, accept, or receive (directly 
        or indirectly) a contribution or donation described in 
        subparagraph (A) or (B) of paragraph (1), or to 
        solicit, accept, or receive (directly or indirectly) an 
        express or implied promise to make such a contribution 
        or donation, from a foreign national.
  (b) As used in this section, the term ``foreign national'' 
means--
          (1) a foreign principal, as such term is defined by 
        section 1(b) of the Foreign Agents Registration Act of 
        1938 (22 U.S.C. 611(b)), except that the term ``foreign 
        national'' shall not include any individual who is a 
        citizen of the United States; or
          (2) an individual who is not a citizen of the United 
        States or a national of the United States (as defined 
        in section 101(a)(22) of the Immigration and 
        Nationality Act) and who is not lawfully admitted for 
        permanent residence, as defined by section 101(a)(20) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(20)).
  (c) Clarification of Treatment of Provision of Certain 
Information as Contribution or Donation of a Thing of Value.--
For purposes of this section, a ``contribution or donation of 
money or other thing of value'' includes the provision of 
opposition research, polling, or other non-public information 
relating to a candidate for election for a Federal, State, or 
local office for the purpose of influencing the election, 
regardless of whether such research, polling, or information 
has monetary value, except that nothing in this subsection 
shall be construed to treat the mere provision of an opinion 
about a candidate as a thing of value for purposes of this 
section.

           *       *       *       *       *       *       *

                              ----------                              


         DAVID L. BOREN NATIONAL SECURITY EDUCATION ACT OF 1991



           *       *       *       *       *       *       *
TITLE VIII--NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

           *       *       *       *       *       *       *


SEC. 810. FUNDING.

  (a) Fiscal Years 1993 and 1994.--Amounts appropriated to 
carry out this title for fiscal years 1993 and 1994 shall 
remain available until expended.
  (b) Fiscal Years 1995 and 1996.--There is authorized to be 
appropriated from, and may be obligated from, the Fund for each 
of the fiscal years 1995 and 1996 not more than the amount 
credited to the Fund in interest only for the preceding fiscal 
year under section 804(e).
  (c) Funding From Intelligence Community Management Account 
for Fiscal Years Beginning With Fiscal Year 2005.--In addition 
to amounts that may be made available to the Secretary under 
the Fund for a fiscal year, the Director of National 
Intelligence shall transfer to the Secretary from amounts 
appropriated for the Intelligence Community Management Account 
[for each fiscal year, beginning with fiscal year 2005,] for 
each of fiscal years 2005 through 2021 $8,000,000 to carry out 
the scholarship, fellowship, and grant programs under 
subparagraphs (A), (B), and (C), respectively, of section 
802(a)(1).
  (d) Fiscal Years Beginning With Fiscal Year 2022.--In 
addition to amounts that may be made available to the Secretary 
under the Fund for a fiscal year, there is authorized to be 
appropriated to the Secretary for each fiscal year, beginning 
with fiscal year 2022, $8,000,000, to carry out the 
scholarship, fellowship, and grant programs under subparagraphs 
(A), (B), and (C), respectively, of section 802(a)(1).

SEC. 811. ADDITIONAL ANNUAL AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--In addition to amounts that may be made 
available to the Secretary under the Fund for a fiscal year, 
there is authorized to be appropriated to the Secretary for 
each fiscal year, beginning with fiscal year 2003, 
[$10,000,000] $16,000,000, to carry out the grant program for 
the National Flagship Language Initiative under section 
802(a)(1)(D).
  (b) Funding From Intelligence Community Management Account 
for Fiscal Years Beginning With Fiscal Year 2005.--In addition 
to amounts that may be made available to the Secretary under 
the Fund for a fiscal year, the Director of National 
Intelligence shall transfer to the Secretary from amounts 
appropriated for the Intelligence Community Management Account 
[for each fiscal year, beginning with fiscal year 2005,] for 
each of fiscal years 2005 through 2021 $6,000,000 to carry out 
the grant program for the National Flagship Language Initiative 
under section 802(a)(1)(D).
  (c) Availability of Appropriated Funds.--Amounts made 
available under this section shall remain available until 
expended.

SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR ADVANCED ENGLISH LANGUAGE 
                    STUDIES BY HERITAGE COMMUNITY CITIZENS.

  (a) Funding From Intelligence Community Management Account.--
In addition to amounts that may be made available to the 
Secretary under the Fund for a fiscal year, the Director of 
National Intelligence shall transfer to the Secretary from 
amounts appropriated for the Intelligence Community Management 
Account [for each fiscal year, beginning with fiscal year 
2005,] for each of fiscal years 2005 through 2021 $2,000,000 to 
carry out the scholarship programs for English language studies 
by certain heritage community citizens under section 
802(a)(1)(E).
  (b) Fiscal Years Beginning With Fiscal Year 2022.--In 
addition to amounts that may be made available to the Secretary 
under the Fund for a fiscal year, there is authorized to be 
appropriated to the Secretary for each fiscal year, beginning 
with fiscal year 2022, $2,000,000, to carry out the scholarship 
programs for English language studies by certain heritage 
community citizens under section 802(a)(1)(E).
  [(b)] (c) Availability of Funds.--Amounts made available 
under [subsection (a)] this section shall remain available 
until expended.

           *       *       *       *       *       *       *


                   Disclosure of Directed Rule Making

    H.R. 7856 does not specifically direct any rule makings 
within the meaning of 5 U.S.C. 551.

                    Duplication of Federal Programs

    H.R. 7856 does not duplicate or reauthorize an established 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                                Hearings

    For the purposes of Section 103(i) of H. Res. 6 of the 
116th Congress, the following hearings were used to develop or 
consider H.R. 7856--
          1. The Committee held a hearing ``National Security 
        Implications of the Rise of Authoritarianism Around the 
        World'' on February 26, 2019. The Committee received 
        testimony from the Honorable Madeleine K. Albright, the 
        Honorable Anders Fogh Rasmussen, Dr. Teng Biao and Dr. 
        Andrea Kendall-Taylor.
          2. The Committee held a hearing ``Putin's Playbook: 
        The Kremlin's Use of Oligarchs, Money, and Intelligence 
        in 2016 and Beyond'' on Thursday, March 28, 2019. The 
        Committee received testimony from the Honorable Michael 
        McFaul, Mr. Steven Hall, Ms. Heather Conley, and Mr. 
        Eric Lorber.
          3. The Committee held a closed hearing ``Fiscal Year 
        2020 Intelligence Community Budget Request Overview'' 
        on April 3, 2019.
          4. The Committee held a closed hearing ``Fiscal Year 
        2020 Central Intelligence Agency Program Budget Request 
        Hearing'' on May 2, 2019.
          5. The Committee held a closed hearing ``Fiscal Year 
        2020 National Security Program Budget Request Hearing'' 
        on May 8, 2019.
          6. The Defense Intelligence and Warfighter Support 
        Subcommittee held a closed hearing ``Fiscal Year 2020 
        Defense Intelligence Agency and Military Services 
        Budget Request Hearing'' on May 9, 2019.
          7. The Committee held a closed hearing 
        ``Compartmented FY 2020 Budget Request'' on May 14, 
        2019.
          8. The Committee held a hearing ``Mission Imperative: 
        Diversity and Inclusion in the Intelligence Community'' 
        on May 23, 2019. The Committee received testimony from 
        the Honorable Kari Bingen, Mrs. Rita Sampson, and Mr. 
        Harry Coker.
          9. The Committee held a hearing ``National Security 
        Implications of Climate Change'' on June 5, 2019. The 
        Committee received testimony from Mr. Peter Kiemel, Mr. 
        Jeff Ringhausen, and Dr. Rod Schoonover.
          10. The Committee held a hearing ``Lessons from the 
        Mueller Report: Counterintelligence Implications of 
        Volume 1'' on June 12, 2019. The Committee received 
        testimony from Mrs. Stephanie Douglas, Mr. Robert 
        Anderson, and Mr. Andrew McCarthy.
          11. The Committee held a hearing ``National Security 
        Challenges of Artificial Intelligence, Manipulated 
        Media, and ``Deepfakes'' on June 13, 2019. The 
        Committee received testimony from Mrs. Danielle Citron, 
        Mr. Jack Clark, Dr. David Doermann, and Mr. Clint 
        Watts.
    In addition, the Committee held numerous briefings, 
roundtables, and a markup to develop and consider H.R. 7856.

                             MINORITY VIEWS

                        BACKGROUND AND OVERVIEW

    Despite the partisanship and impropriety of the Majority's 
actions throughout this Congress, the Minority sought in good 
faith, and consistent with past practices, to produce a 
bipartisan Intelligence Authorization Act (IAA).
    In the past, annex provisions impacting intelligence 
activities and operations were based on documented facts. 
General principles of legislative drafting require that facts 
be established before legislation is produced. This is 
particularly true in the case of the IAA and its annex, which 
authorize some of the most sensitive programs protecting the 
American people. Facts are paramount and politics should play 
no role. However, the annex accompanying H.R. 7856, and the 
bill itself, repeatedly use undocumented claims, as well as 
partisan politics, to justify funding profile changes or 
restrictions on intelligence activities. The Minority strongly 
objects to this approach, which is geared toward achieving 
purely political outcomes.
    Past practices at the Intelligence Committee also included 
a commitment to producing a bill without provisions designed 
for the political advantage of either party. The Majority was 
fully informed well in advance of the markup that the Minority 
objected to several provisions, particularly those in Titles V 
and VII, which are clear political hit jobs aimed at President 
Trump. The Majority even agreed that certain provisions were 
targeted at the Administration. The Minority nevertheless 
attempted, in good faith, to reach a bipartisan compromise on 
these provisions. The Majority walked away from the 
negotiations.
    The Chairman claimed during the pre-markup ``Strawman'' 
meeting that he wanted to work toward a bipartisan agreement 
prior to markup. Actions, however, speak louder than words. The 
Chairman did not reengage with the Minority after that meeting. 
In fact, the Majority unilaterally, and without notice, 
stripped the bill and annex of previously agreed-upon 
compromises, including Republican Member priorities. 
Furthermore, the Majority made many of the explicitly political 
provisions mentioned above even more blatantly political and, 
less than 48 hours before markup, stacked the bill with 
political poison pills. Those highly partisan and objectionable 
provisions are described in detail below.
    H.R. 7856 is the first partisan IAA voted out of the House 
Permanent Select Committee on Intelligence (HPSCI) in a 
decade.\1\ At markup, the Minority offered an amendment to 
strike 39 provisions from the legislative text to remove 
provisions that the Minority objected to for a variety of 
reasons. The sheer volume of objectionable provisions 
demonstrates how deeply partisan this legislation is.
---------------------------------------------------------------------------
    \1\H. Rep. No. 112-72 (2011) (Conf. Rep. for H.R. 754).
---------------------------------------------------------------------------
    The Minority's amendment proposed striking all provisions 
that presented an unresolved policy dispute in addition to 
striking the provisions which the Minority disagreed with due 
to their partisan nature and purpose.
    The Minority's amendment proposed striking numerous 
provisions that were not fully vetted with the Minority. Some 
of these provisions were added mere days before markup, leaving 
the Minority unable to determine whether legislation was the 
most appropriate way to resolve a perceived, though sometimes 
unapparent, policy concern. The amendment also proposed 
striking certain provisions which were modified during pre-
markup negotiations, only to have those previously-agreed upon 
modifications removed when the Majority ended negotiations and 
produced a partisan bill.
    The Minority's amendment proposed striking certain 
reporting requirements and limitations placed on funds. There 
is a concerning trend by Committee Democrats to require that 
Intelligence Community (IC) reports be produced in an 
unclassified form and publicly released. On many topics, the 
Minority believes this is inappropriate, since it provides our 
foreign adversaries the opportunity to understand and exploit 
U.S. intelligence capabilities and contingencies. The Minority 
further believes that the limitations placed on certain IC 
activities by this bill present unknown risks to national 
security, to continuing U.S. operations, and to the safety of 
U.S. personnel.
    Out of an abundance of caution, the Minority believes 
striking such provisions to be the appropriate course of 
action.

             THE REPUBLICAN MINORITY'S SPECIFIC OBJECTIONS

    The Minority's amendment proposed striking section 303, 
which requires the IC to provide public notice on or before the 
date that an IC element provides support for a Federal, State, 
local, or Tribal government response to civil disobedience or 
domestic civil disturbances. During negotiations, the Minority 
objected that this provision, as written, would essentially 
require public notice as soon as IC assets were lawfully 
deployed. This would create a force protection issue since 
violent criminals, including members of violent anarchist 
groups, would be aware of the presence of IC assets in real 
time. The Minority fails to understand the rationale for this 
provision, unless the Majority's desire is to somehow ``even 
the odds'' in confrontations between law enforcement and 
criminals. Accordingly, the Minority requested that the public 
notification requirement contained in this provision be 
removed, but that the quarterly congressional notification 
requirement be preserved. That would advance legitimate 
congressional oversight of domestic IC activities, while 
removing the likelihood of force protection issues. This 
Majority rejected that reasonable request.
    The amendment proposed striking section 304. Section 304 
was an unvetted, last minute addition to the IAA clearly 
included to make a political statement about actions taken by 
President Trump and his Administration. The Minority cannot 
support its inclusion in the bill.
    The amendment also proposed striking section 306, which 
raises the threshold for congressional notification of new IC 
facility construction from $1 million to $2 million. The 
Minority believes that the Office of the Director of National 
Intelligence (ODNI) has not been a responsible steward of 
taxpayer funds in prior facility construction projects, a 
conclusion which is supported by multiple independent audits by 
the Inspector General of the Intelligence Community and the 
Government Accountability Office.
    The amendment proposed striking section 309 which was also 
a last minute, unvetted addition to the IAA. Because the 
Minority is not aware of the impetus of the provision, the 
policy gaps it supposedly addresses, and whether the provision 
is the most appropriate way to approach the problem, we cannot 
support its inclusion in the bill.
    The amendment proposed striking section 402. The Minority 
would have supported this provision if the Majority had made a 
minor modification to allow the Ombudsman position to be filled 
by either a current or former Central Intelligence Agency (CIA) 
official. This modification was strongly requested by the CIA 
and it did not appear that the Majority had an objective reason 
to deny the request.
    The amendment also proposed striking section 408, which 
would remove the existing sunset on the Climate Security 
Advisory Council and grant additional and expansive authorities 
to ODNI. The Minority objected to this approach when it was 
attempted in Fiscal Year 2020. The Majority inserted this 
section into the bill days before markup, with no warning, 
fully aware of the Minority's position on such a provision. As 
further evidence of the Minority's good faith effort to reach 
an agreement, we did not object to section 903, which expands 
the existing reporting requirement for the Council. This 
reporting requirement allowed for a measured approach to 
determine if an intelligence gap related to climate security 
existed, and if so, whether the solution would be to create an 
entire new Center. That reporting requirement, and the sunset 
currently in law, had the bipartisan support of the Committee, 
while this permanent approach does not. The Majority knew that 
the insertion of this section would be a political poison pill, 
and nevertheless chose to include it.
    The amendment proposed striking section 501, which was 
included in this bill because the Majority disagreed with 
President Trump's exercise of his constitutional authority to 
fire an executive branch official. In a good faith attempt to 
reach a non-politicized agreement, the Minority requested 
striking the limitation on the President's authority while 
preserving the requirement that when an Inspector General is 
fired, his or her office notify Congress of all pending 
complaints, investigations, and other matters the Inspector 
General was working on. This modification would, in an 
apolitical manner, act as a check on future Presidents' firing 
of Inspectors General for improper reasons by enhancing 
opportunities for congressional oversight. The Majority 
rejected this reasonable request.
    The amendment proposed striking section 502 for similar 
reasons. The Majority's objective in this provision is to limit 
President Trump's authority--and that of any future President--
to name the person he/she sees fit as an Acting Inspector 
General. The Minority believes that the Majority included this 
provision not only because of their disdain for President 
Trump, but also because the Majority wants unelected Executive 
branch officials, not the President, to run the Executive 
branch. Despite the Majority's bad faith efforts, the Minority 
tried, in good faith, to meet halfway on this provision by 
suggesting modifying this provision to be a ``sense of 
Congress.'' Including a ``sense of Congress'' that someone 
appointed to the position of Acting Inspector General should be 
qualified for that position would make clear what Congress 
expects of the Executive branch. The Majority rejected that 
reasonable offer.
    The amendment proposed striking sections 504 and 506, which 
were only included in this bill as a continuation of the 
Majority's hyper-partisan impeachment of President Trump. Both 
provisions give IC whistleblowers special statutory 
protections--not enjoyed by any other whistleblowers--drafted 
specifically to criminalize otherwise lawful actions taken by 
the Trump Administration. Section 504 is nothing less than an 
ex post facto indictment of President Trump and his 
Administration. Section 506 is an attempt to rectify the false 
claims made by the Majority in their hyper-partisan 
impeachment--namely, that the whistleblower had a ``statutory 
right'' to anonymity. This provision would impose legal 
liability for ``a knowing and willful or negligent disclosure'' 
of a whistleblower's identity or the fact of the existence of a 
whistleblower complaint and would provide whistleblowers with a 
federal private right of action against their colleagues. 
Giving a federal employee a private right of action against a 
fellow employee for the ``negligent,'' meaning inadvertent, 
disclosure of a whistleblower's identity or the existence of a 
complaint, regardless of whether that employee even knew about 
the complaint, is profoundly irresponsible.
    The amendment proposed striking section 601. This provision 
contains a broad and complicated grant of new authorities to an 
office that currently exists within ODNI. The Minority 
questioned what the Majority's goals for this provision were, 
and whether this approach was reasonable in light of those 
goals. The Minority believes that prior failures of a similar 
type at ODNI caution against a large reorganization of 
substantive responsibilities which would impact the entire IC 
without proper due diligence. The Majority had agreed to work 
on modifying this provision to come to a compromise; 
unfortunately, the Majority walked away from negotiations and 
section 601 of H.R. 7856 does not contain the Minority's input.
    The amendment also proposed striking section 603, which 
grants authority for additional outreach and education for the 
arts to all IC elements. Numerous IC elements have demonstrated 
a need for authorities to conduct outreach and education for 
science, technology, engineering, and mathematics (STEM). Only 
CIA, however, has documented a need for this authority to be 
applied to the arts due to the agency's unique mission 
requirements. As such, the Minority continues to support STEM 
education and outreach authorities to all IC elements, but only 
supports expanding such authorities for arts-related education 
and outreach to CIA. The Minority believes it is irresponsible 
to grant or rescind authorities without understanding the 
impact of doing so. If additional IC elements were to 
demonstrate to the Committee the need for these authorities 
related to the arts, the Minority would reconsider.
    The Minority's amendment proposed striking all provisions 
contained in Title VII, which are written as amendments to the 
Federal Election Campaign Act and are therefore outside this 
Committee's jurisdiction. The Majority was fully aware that the 
Minority would not support a bill with Title VII included. 
However, when the Majority determined, days before the markup, 
that they would end the bipartisan negotiations and produce a 
partisan bill, they added even more political poison pills to 
Title VII that are clearly meant to target President Trump.
    Section 701 would require employees, officials, and agents 
for a presidential campaign, as well as the candidate and his 
or her immediate family, to report certain foreign contacts to 
the Federal Election Commission (so the information will be 
made public) and to the Federal Bureau of Investigation (FBI). 
Section 701 also requires that the FBI provide notice of 
receipt of these foreign contact reports to the campaign and to 
this Committee. The Minority strongly objects to this 
provision. This Committee was established to oversee the 
conduct of intelligence and intelligence-related activities of 
the U.S. government, which a presidential campaign is clearly 
not part of. The Majority's attempt to insert this Committee 
into the oversight of presidential campaigns--and to give it 
oversight of the Federal Election Commission--is inappropriate 
and constitutes a blatant partisan swipe at President Trump and 
his family. In requiring that most foreign contacts--even those 
of a relatively benign or unserious nature--be reported to the 
Committee that conducted the first partisan impeachment in 
American history, this provision would lead to more, not fewer, 
``scandals'' based on political differences rather than facts. 
This is because the Minority believes that this information, 
even if classified, will nevertheless find its way from this 
Committee into the media.
    Section 702 mandates the creation of a reporting structure 
for the new requirements outlined in section 701. The Minority 
is concerned about the potential for abuse by the FBI. Over the 
past four years, we have learned from the DOJ IG, the FISA 
Court, and many other sources how the FBI abused its 
counterintelligence authorities to perpetuate investigations 
into the Trump campaign. This new foreign contact reporting 
scheme will undoubtedly lead to more counterintelligence 
investigations into presidential campaigns. Given the 
experience with the Crossfire Hurricane investigation, Congress 
has no reason to trust that the FBI will not improperly surveil 
the campaign staffers who report foreign contacts.
    Section 703 makes the knowing and willful violation of the 
reporting requirement a felony with a maximum fine of $500,000, 
and the knowing and willful concealment or destruction of 
materials relating to a reportable foreign contact a felony 
with a maximum fine of $1,000,000. These outrageous fines are 
twice and four-times, respectively, more than the penalty for 
the knowing and willful disclosure of classified 
information,\2\ or the penalty for killing a member of 
Congress,\3\ or the penalty for the development of a biological 
weapon,\4\ or the penalty for harboring or concealing spies.\5\ 
The Minority believes that the Majority is using the size of 
the criminal penalties in section 703 to make a political 
statement, which is an interesting approach given the 
Majority's long-stated concerns with overcriminalization in 
this country.
---------------------------------------------------------------------------
    \2\18 U.S.C. Sec. 798.
    \3\18 U.S.C. Sec. 351(a).
    \4\18 U.S.C. Sec. 175(a).
    \5\18 U.S.C. Sec. 792.
---------------------------------------------------------------------------
    Section 704 requires an annual report from the FBI to this 
Committee detailing the foreign contact notifications they 
received from campaigns and any investigative actions taken as 
a result. The Minority believes this promotes the ongoing 
politicization of intelligence, and worries about the potential 
damage to any ongoing FBI counterintelligence investigations, 
as well as U.S. national security, if information from this 
annual report were to leak to the press. The structure of this 
provision suggests its real intent is to ensure information is 
leaked for political purposes.
    Section 711 expands the definition of a ``thing of value'' 
to include ``the provision of opposition research, polling, or 
other non-public information relating to a candidate . . . for 
the purpose of influencing the election, regardless of whether 
such . . . has monetary value.'' The Majority has made no 
attempt to hide that this provision was written in direct 
response to Special Counsel Robert Mueller's decision not to 
charge Donald Trump Jr. with a campaign finance violation. The 
provision also makes it a crime for a person to ``directly or 
indirectly'' receive an ``express or implied promise'' of such 
a contribution. The Minority wonders how an individual 
``indirectly'' receives an ``implied promise,'' and further 
believes that this provision is overly broad, deeply political, 
clearly targeting President Trump and his family, and has no 
relation to the business of this Committee.
    The amendment proposed striking section 801, which severely 
limits the availability of funds for certain ongoing IC 
activities until an unclassified version of a report on the 
death of Jamal Khashoggi is provided to the Committee. This 
report has already been provided to the Committee in classified 
form, and the IC has warned that any further declassification 
of the information contained in the report could compromise 
sources and methods. Therefore, the Majority's language seeks 
to force the IC to either release an almost entirely redacted 
report, which achieves nothing in the way of transparency, or 
to compromise national security by declassifying the report. 
The Minority therefore cannot support this provision.
    The amendment proposed striking section 802, which limits 
the availability of funds related to certain air strikes in 
Yemen. As initially drafted, the potential impact of this 
limitation was unclear to the Minority. A last-minute 
modification to the language provoked further questions about 
the language, as the need for this modification was not 
explained to the Minority. Due to the potentially unknown 
impacts to national security, the Minority supports removing 
this provision from the bill.
    The reporting requirements contained in sections 803, 804, 
805, 807, and 822 were all last-minute additions to the IAA 
after the Majority walked away from negotiations. Given that 
these provisions were unvetted with the Minority, we would 
strike these provisions.
    Finally, the reporting requirements contained in sections 
811, 812, 813, 821, 906, 908, and 911 are not necessarily on 
topics or issues with which the Minority disagrees. However, as 
previously stated, there is a concerning trend of mandating 
that reports drafted by the IC be produced in an unclassified 
form and publicly released. On many topics, the Minority 
believes this is an inappropriate step for the IC to take, 
since it provides our foreign adversaries the opportunity to 
understand and exploit U.S. intelligence capabilities and 
contingencies.
    In addition to the unclassified amendment described above, 
the Minority offered three en bloc amendments to the classified 
annex to strike 25 provisions. While we are unable to debate 
the merits of these provisions publicly, the bases for our 
opposition to these 25 classified provisions include: 
disagreements over the premise of the language--i.e., the 
factual basis asserted remains in dispute; disagreements over 
limitations imposed on IC elements which appear politically 
motivated; disagreements over specific spending cuts which will 
impact the national security of the United States as well as 
the safety of our military forces overseas; disagreements over 
the imposition of punitive spending controls to restrict 
spending until certain conditions--which are themselves 
objectionable--are met; and disagreements over the merits of 
provisions which seek to micromanage or impose unnecessary 
requirements on the IC--particularly in light of tenuous and 
largely anecdotal justifications.
    If the amendments described herein had been approved, the 
Minority indicated we would fully support the resulting 
legislation. Unfortunately, the Majority rejected all but one 
amendment to the classified annex.
    Republican Members cannot support an Intelligence 
Authorization Act that exploits the IC for partisan political 
purposes, as the Majority has done with H.R. 7856. We deeply 
regret that the Majority has chosen to act in this manner.
    It did not have to be this way. It is this way because the 
Majority has weaponized intelligence to serve manifestly 
political goals. It is this way because the Majority has failed 
in their duty to this Committee, to this Congress, and to the 
American people.
    The Republican Minority urges our colleagues to vigorously 
oppose H.R. 7856.
            Sincerely,
                                               Devin Nunes,
                                                    Ranking Member.

                                  [all]